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In  the  "  Telegraph  Department "  there  are  thirty  instruments  in  constant  use. 
S.  are  furnishing  every  facility  that  could  be  desired.— Chicago  Evbnino  Journax.. 

For  further  information  call  at  College  Rooms,  corner  Clark  and  Washington 
Streets,  or  send  for  circulars.      Address 

BRYANT  &  STRATTON, 

CHICAGO,    ILL. 


WORLD. 


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Messrs.  B.  k 


VALUABLE  BOOKS  FOR  TEACHERS  AND  SCHOOLS. 

CAMP'S   @EO@RAPHI@AL 


CAMP'S  PRIMARY   GEOGRAPHY, 
CAMP'S  INTERMEDIATE    " 
CAMP'S  HIGHER 

CAMP'S  MAPPING  PLATES,  corresponding  in  size  and 
scale  with  the  maps  in  Higher  and  Intermediate  Geographies. 
MITCHELL'S  SERIES  OF 


Revised  and  improved  by  David  N.  Camp. 


An  important  feature  in  the  arrangement  of  the  above  works  is,  the  special 
adaptation  of  the  geographies  to  the  outline  maps.  The  following  opinions  are 
from  those  who  have  tested  their  use  in  the  school  room  : 

Rock  Islakd,  III.,  March  1,  1864. 
Messrs.  Geo.  &  C.  W.  Sherwood  : — We  have  had  Camp's  Geographies  in  use  in  our  School 
for  about  a  year,  with  Mitchell's  Outline  Maps.  It  is  the  unanimous  opinion  of  the  Teachers  who 
have  tried  them,  in  which  I  heartily  agree,  that  they  have  derived  more  satisfaction,  and 
secured  a  higher  degree  of  success  in  instruction  with  these  Books  and  Maps  than  with  any 
which  they  have  heretofore  used  or  been  acquainted  with. 

We  are  entirely  satisfied  with  our  experiment,  and  of  course  shall  continue  to  use  them. 

•  ALBX.  M.  GOW,  Sup't  R.  I.  School. 

Peru,  III.,  March  Sth,  1864. 
Messrs.  Gbo.  &  C.  W.  Sherwood  : — Camp's  Geographies  are  used  in  the  Schools  of  this 
place.    I  have  given  them  a  thorough  trial,  and  have  found  them  worthy  of  the  highest  recom- 
mendation.    While  they  furnish  a  cheap  course,  they  contain  all  that  is  desirable  in  such  works, 
and  one  attractive  to  both  teacher  and  pupil.  W.  B.  POWELL,  Principal  Public  Schools* 

Belviderb,  III.,  March  10,  1864. 
Messrs.  Geo.  &  C.  W.  Sherwood: — We  know  of  no  work  on  the  subject,  designed  for 
Schools,  that  so  systematically  combines  the  Mathematical,  Physical  and  Political  departments 
of  Geography,  as  Camp's  system.  By  the  pleasing  device  of  arranging  the  work  with  reference 
to  Outline  Map  exercise,  the  localities  soon  become  familiar  to  the  pupil,  and  a  lively  interest 
is  awakened  even  in  the  details  of  geographical  study,  that  otherwise  would  be  dry  and  dull. 
We  have  used  these  works  for  three  years,  and  we  say,  as  the  result  of  our  experience,  that  no 
work  on  the  subject  of  Geography  with  which  we  are  acquainted,  can  take  their  place — no 
other  work  contributes  so  much  to  the  great  work  of  geographical  education.  We  hope  that  it 
may  be  extensively  used  in  our  public  schools.  M.  ANDREWS,  Principal. 

Aurora,  March  10,  1864. 
M*ssrs.  Geo.  &  C.  W.  Sherwood  : — We  have  been  using  Camp's  Geographies  in  School  for 
about  one  year  and  a  half,  in  connection  with  Mitchell's  Outline  Maps.     We  are  unacquainted 
with  any  other  means  so  well  and  peculiarly  adapted  to  the  inculcation  of  Geography  in  School 
and  to  school  drill  upon  this  subject  as  is  afforded  in  the  plan  of  this  work. 

W.  WILKIE,  Prin.  Public  Graded  School,  West  Aurora. 

Published  by  GEO.  &  C.  W.  SHERWOOD, 

UNlVKK^n  Y  ot  CALlKlKISlil 

AT 

UMAMBLSS 

UHIAJRY 


MANUAL 


OF 


INSTRUCTION": 


EXPLANATORY   OF  THE 


COMMOI  SCHOOL  LAW 


OP  THE 


STATE  OF  ILLINOIS. 

DESIGNED  FOR  THE  USE  OF  SCHOOL  OFFICERS  AND  TEACHERS, 
AND  FOR  GENERAL  INFORMATION. 


ISSUED   FROM   THE 

BEPARTMENT  OP  PUBLIC  INSTRUCTION,  SPRINaFIELD,  ILL. 


ROCKFORD: 

ADAMS  &  BLACKMER,  PUBLISHERS. 
PRINTED  BY  JOHN  W.  DEAN,   NO.  148  LAKE  STREET,  CHICAGO. 

1864. 


MS4C9 


ENTBBBD  ACCORDING  TO  ACT  OF   CONGRESS,   IN  THE  TEAR  1864,   BY 

JOHN  P.  BROOKS, 

IN  THE  clerk's  OFFICE   OF  THE  DISTRICT  COURT  OF  THE  UNITED  STATES,  FOR 
THE  NORTHERN  DISTRICT  OF  ILLINOIS. 


I'cL'\ 


sG-f 


PEEFACE. 


It  has  only  been  attempted  in  the  following  pages  to  give  to  School  Officers 
and  Teachers,  and  others  interested  in  the  subject  treated  of,  a  more  thorough 
and  practical  knowledge  of  our  common  school  system, — ^such  a  knowledge  as 
will  enable  county,  township  and  district  school  officers  to  administer  the  affairs 
of  their  respective  jurisdictions  with  greater  promptness  and  regularity  than 
heretofore. 

The  first  place  in  the  volume  is  given  to  the  School  Law. 

Next,  and  in  Part  I  of  the  volume,  follows  a  general,  though  condensed, 
abstract  of  the  provisions  of  the  School  Law  as  it  is,  in  reference  to  the  elec- 
tion, duties  and  powers  of  each  class  of  officers  connected  with  its  administra- 
tion. The  sul)jects  embraced  in  Part  I  are  treated  of  in  their  natural  order,  and 
in  detail;  and  it  is  believed  that  the  instructions  there  given,  if  carefully  studied 
and  followed,  will  materially  assist  school  officers  in  the  discharge  of  their  vari- 
ous duties,  and  secure  throughout  the  State  a  degree  of  uniformity  in  the  local 
administrations  of  the  system  which  is  so  desirable,  and  which  has  not  been 
heretofore  attained. 

Part  II  contains  official  opinions  and  interpretations  of  the  School  Law,  as 
given  by  former  Superintendents,  including  also  those  of  the  p«esent  administra- 
tion, together  with  a  number  of  judicial  decisions,  pronounced  by  the  Supreme 
Court  in  connection  with  adjudged  cases,  the  particulars  of  each  case  being 
briefly  and  fairly  stated,  and  indicating  plainly  the  principles  at  issue  in  each, 
with  their  final  and  authoritative  adjudication.  In  this  Part,  I  have  attempted 
only  to  set  forth  the  general  principles  of  administration,  as  they  are  held  to  be 
obligatory  by  the  authority  of  the  tribunals  enunciating  them,  and  not  to  give 
an  official  report  of  particular  cases  decided  by  the  Department.  Indeed,  to  give 
such  a  report  of  particular  cases  adjudged  and  determined  in  this  Office,  would 
be  simply  impracticable.  It  would  be  so,  because,  in  the.  first  place,  there  are 
no  official  records  of  cases  so  adjudged  and  determined  on  file  in  the  Office  of 
Public  Instructioji,  from  which  such  detailed  report  can  be  made,  no  such 
records  having  ever  been  kept  in  the  Office,  or,  if  so,  they  have  never  come 
into  my  possession.     In  the  second  place,  it  would  require  a  voliune  of  much 


IV  PREFACE. 

larger  capacity  than  the  present  one,  to  contain  the  twentieth  part  of  such  cases 
decided  by  the  Department.  Hence,  I  have  treated  only  of  general  principles,  as 
connected  with  the  administration  of  the  School  Law.  It  is  beheved,  however, 
that  all  the  essential  principles  of  a  correct  and  lawful  administration  of  the 
system  have  been  so  fully  elucidated,  that  school  officers  need  not  materially  err 
in  their  judgment  in  reference  to  any  ordinary  state  of  facts  which  may  arise, 
and  which  may  require  their  appUcation.  That  every  case  of  difference  and 
controversy  will  he  decided  in  the  light  of  the  principles  herein  treated  of  and 
explained,  without  appeal  to  the  State  Superintendent,  is  npt  expected.  But  it 
is  hoped  and  believed  that  many  such  cases  will  be  decided  by  local  tribunals, 
which  would  otherwise  be  submitted  for  determination  to  the  Department,  and 
that  the  correspondence  of  the  Office  will  thus  be  largely  diminished,  increasing 
the  leisure  of  the  State  Superintendent  for  attention  to  other  and  important 
duties. 

In  Part  III  are  found  Blank  Forms,  prepared  with  reference  to  their  simphcity 
and  legal  accuracy,  and  relating  to  all  purposes  for  which  such  blanks  are 
required  to  be  used  in  the  administration  of  our  school  system.  Following  the 
Forms,  are  designs  for  country  and  city  school  houses,  of  modern  plan,  with 
accompanying  explanations,  prepared  by  "W".  "W.  Boyington,  Esq.,  Architect, 
Chicago.  These  wiU  be  truly  valuable,  and  constitute  a  most  useful  feature  of 
the  volume.  After  the  architectural  plans  foUow  other  designs,  with  explana- 
tions, illustrating  various  styles  of  School  Furniture  and  Apparatus,  aU  of  which 
are  believed  to  be  well  adapted  to  the  wants  of  our  common  schools. 

The  article  on  the  subject  of  the  Normal  University  was  contributed  by  Pres- 
ident Edwards,  of  that  institution,  and  will  be  admired  and  valued  by  every 
reader  for  its  general  propriety  and  instructiveness.  I  am  happy  to  make  this 
pubhc  acknowledgment  of  my  obligations  to  President  Edwards  for  his  kind 
service  rendered  in  the  preparation  of  the  article  mentioned. 

The  Majhjal  is  now  sent  forth  upon  its  mission  of  usefulness,  with  the  hope 

that  it  will  answer  the  ends  of  its  preparation.     It  cannot  be  claimed  that  it  is 

free  from  imperfections,  but  the  reader  is  assured  that  care  has  been  taken  to 

render  it  a  reliable  guide  to  officers  in  the  administration  of  the  School  Law.    It 

has  been  prepared  amidst  the  pressure  of  official  business,  and  has  been  made 

as  perfect  as  time\nd  opportunity  would  permit.     It  is  commended  to  the  kind 

favor  of  School  Officers,  School  Teachers,  and  the  friends  of  popular  education 

generally. 

JOHN  P.  BROOKS. 
Department  of  Public  Instructio.v,) 
Springfield,  June.  18&4.  f 


ILLINOIS  COMMON  SCHOOL  LAW. 


AN  ACT  TO  ESTABLISH  AND  MAINTAIN  A  SYSTEM 
OF  FREE  SCHOOLS. 


STATE  STJPERIXTEN-DEXT  OF  PUBLIC  INSTRUCTION — HIS  ELECTION  AND  DUTIES. 

Section  1.  Be  it  enacted  b)/  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly,  That  at  the  election  to  be  held  on  Tuesday  after  the  first  Mon- 
day of  November,  A.  D.  1858,  and  biennially  thereafter,  there  shall  be  elected, 
by  the  legal  voters  of  this  state,  a  state  superintendent  of  public  instruction,  who 
shall  hold  his  ofEice  for  two  years,  and  until  his  successor  is  duly  elected  and 
qualified. 

§  2.  Before  entering  upon  his  duties,  he  shaU  take  and  subscribe  the  usual 
oath  of  office,  and  shall  also  execute  a  bond,  in  the  penalty  of  twenty-five  thou- 
sand dollars,  payable  to  the  State  of  Ilhnois,  with  sureties  to  be  approved  by  the 
governor,  conditioned  for  the  prompt  discharge  of  his  duties  as  superintendent  of 
public  instruction,  and  for  the  faithful  application  and  disposition,  according  to 
law,  of  all  school  moneys  that  may  come  into  his  hands  by  virtue  of  his  offide; 
said  bond  and  oath  shall  be  deposited  with  the  secretary  of  state,  and  an  action 
may  be  maintained  thereon  by  the  state,  at  any  time,  for  a  breach  of  the  condi- 
tions thereof. 

§  3.  It  shall  be  his  duty  to  keep  an  ofiBce  at  the  seat  of  government  of  the 
sta'te,  and  to  file  all  papers,  reports  and  public  documents  transmitted  to  him  by 
the  school  officers  of  the  several  counties,  each  year  separately,  and  to  keep  and 
preserve  all  other  public  documents,  books  and  papers  relative  to  schools,  com- 
ing into  his  hands  as  state  superintendent,  and  to  hold  the  same  in  readiness  to 
be  exhibited  to  the  governor,  or  to  any  committee  of  either  house  of  the  general 
assembly;  and  shall  keep  a  fair  record  of  all  matters  pertaining  to  the  business 
of  his  office. 

§  4.  He  shall,  without  delay,  pay  over  aU  sums  of  money  which  may  come 
into  his  hands  by  virtue  of  his  office,  to  the  officer  or  person  entitled  to  receive 
the  same,  in  such  manner  as  may  be  prescribed  by  law. 

§  5.  He  shall  counsel  and  advise,  in  such  manner  as  he  may  deem  most  ad- 
visable, with  experienced  ar  ,  Tjractical  school  teachers,  as  to  the  best  manner 
of  conducting  common  school--. 

§  6.  Said  superintendent  shall  have  the  supervision  of  all  the  common  and 
public  schools  in  the  state,  and  shall  be  the  general  adviser  and  assistant  of 
school  commissioners  in  the  state;  he  shall,  from  time  to  time,  as  he  shall  deem 
for  the  interest  of  schools,  address  circular  letters  to  said  commissioners,  giving 
advice  as  to  the  best  manner  of  conducting  schools,  corustructing  school  houses, 
furnishing  the  same,  and  procuring  competent  teachers. 


G  SCHOOL    COMMISSIONEES. 

§  7.  Said  state  superintendent  sliall,  before  the.  fifteenth  day  of  December  of 
every  year  preceding  that  in  which  shall  be  holden  a  regular  session  of  the  general 
assemblT,  report  to  the  governor  the  condition  of  the  schools  in  the  several 
counties  of  the  state,  the  whole  number  of  schools  which  have  been  taught  in 
each  county  in  each  of  .the  preceding  years,  commencing  on  the  first  Monday  of 
October;  what  part  of  said  number  have  been  taught  by  males  exclusively; 
what  part  by  females  exclusively;  what  part  of  said  whole  number  have  been 
taught  by  males  and  females  at  the  same  time ;  and  what  part  by  males  and 
fem'ales  at  different  periods;  the  number  of  scholars  in  attendance  at  said  schools; 
the  number  of  white  persons  in  each  county  under  twenty-one  years  of  age;  the 
amount  of  township  and  county  fund ;  the  amount  of  the  interest  of  the  state  or 
common  school  fund,  and  of  the  interest  of  the  township  and  of  the  county  fund 
annually  paid  out ;  the  amount  raised  by  an  ad  valorem  tax  •  the  whole  amount 
annually  expended  for  schools  ;  the  number  of  school  hmises,  their  kind  and 
condition;  the  number  of  townships  and  parts  of  townships  in  each  county;  the 
number  and  description  of  books  and  apparatus  purchased  for  the  use  of  schools 
and  school  libraries  under  the  provisions  of  this  act,  the  prices  paid  for  the  same, 
and  total  amoimt  purchased,  and  what  quantity  and  how  distributed;  and  the 
number  and  condition  of  the  libraries,  together  with  such  other  information  and 
suggestions  as  he  may  deem  important  in  relation  to  the  school  laws,  schools, 
an'd'tlie  means  of  promoting  education  throughout  the  state;  which  report  shall 
be  laid  before  the  general  assembly  at  each  regular  session. 

§  8.  The  said  state  superintendent  of  public  instruction  shall  make  such  rules 
and  regulations  as  he  may  think  necessary  and  expedient  to  carry  into  full  efiect 
the  provisions  of  this  act,  and  of  all  the  laws  which  now  are  or  may  hereafter 
be  in  force  for  estabUshing  and  maintaining  schools  in  this  state;  and  the  said 
superintendent  shall  have  power,  and  it  shall  be  his  duty,  to  explain  and  inter- 
pret and  determine  to  all  school  commissioners,  directors,  township  and  other 
school  officers,  the  true  intent  and  meaning  of  this  act,  and  their  several  duties 
enjoined  thereby,  and  his  decision  shall  be  final,  imless  otherwise  directed  by 
the  legislature,  or  reversed  by  a  court  of  competent  jurisdiction. 

§  9.  The  said  state  superintendent  shall  have  power  to  direct  and  cause  the 
school  commissioner  of  any  county,  directors  or  board  of  trustees,  or  township 
treasurer  of  any  township,  or  other  school  officer,  to  withhold  from  any  officer, 
or  township,  or  teacher,  any  part  of  the  common  school,  or  township,  or  other 
school  fund,  until  such  officer,  township,  or  teacher,  shall  have  comphed  with 
all  the  provisions  of  this  act  relating  to  his,  her  or  their  duties,  and  such  rules 
and  regulations  as  the  state  superintendent  may  prescribe,  not  inconsistent  with 
this  act;  and  the  state  superintendent  may  forbid  the  payment  of  any  part  of  the 
common  school,  township,  county,  or  other  school  fund,  to  any  district  in  which 
the  school  or  schools  have  not  been  kept  according  to  law,  or  in  which  no 
school  has  been  kept  for  six  months  during  the  year  next  preceding  the  demand 
for  payment. 

§  10.  And  the  said  state  superintendent  shall  receive  annually  the  sum  of 
fifteen  hundred  dollars,  to  be  paid  quarterly,  as  a  salary  for  the  services  required 
under  the  provision^  of  this  act,  or  any  other  law  that  may  be  passed,  and  also 
for  aU  necessary  contingent  expenses  for  books,  postage  and  stationery  pertain- 
ing to  his  office,  to  be  audited  and  paid  by  the  state,  as  the  salaries  and  contm- 
gent  expenses  of  other  officers  are  paid. 

SCHOOL  COSIMISSIOXEES — THEIR  ELECTION  AND  DUTIES. 

§11.  On  the  Tuesday  next  after  the  first  Monday  m  November  next,  and  on  tha 
Tuesday  nex-t  after  the  "first  Monday  in  NovenA^.  every  two  years  thereafter, 
there  shah  be  elected,  by  the  quahfied  voters  of  each  and  every  cormty  in  tliis 
state,  a  school  commissioner,  who  shall  execute  the  duties  herein  required.  He 
shall,  before  entering  upon  his  duties,  take  an  oath  for  the  faithful  discharge  of 
his  duties.  He  shall,  before  entering  upon  his  duties,  execute  a  bond,  payable 
to  the  state  of  Ilhnois,  with  two  or  more  responsible  freeholders  as  security,  to 
oe  approved  by  the  coimty  court  (or  in  counties  adopting  the  township  organi- 


SCHOOL   COMMISSIONERS.  7 

ization,  by  tlie  board  of  supervisors),  in  a  penalty  of  not  less  than  twelve  thou- 
sand dollars,  to  be  increased  at  the  discretion  of  said  court,  in  proportion  to  his 
responsibilities,  conditioned  that  he  wiU  faithfully  perform  all  the  duties  of 
school  commissioner  of  said  county,  according  to  the  laws  which  are  or  may  be 
ia  force;  by  which  bond  the  obligors  shall  be  bound  jointly  and  severally,  and 
upon  which  an  action  or  actions  may  be  maintained  by  the  board  of  trustees  of 
the  proper  township,  for  the  use  of  any  township  or  fund  injured  by  any  breach 
thereof;  and  joint  action  may  be  had  for  two  or  more  funds. 

§  12.  The  bond  required  in  the  foregoing  section  shaE  be  in  the  following 
form,  viz  : 

State  op  Illijtots,  ) 
County,  f  "• 

Know  all  men  by  these  presents,  that  we,  A.  B.,  C.  D.  and  E.  P.,  are  held  and  firmly  bound, 

jointly  and  severally,  unto  the  people  of  the  state  of  Illinois,  in  the  penal  sum  of dollars, 

to  the  payment  of  which  we  bind  ourselves,  our  heirs,  executors  and  administrators,  firmly  by 

these  presents.     In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals,  this day 

of ,  A.  D.  185—.  ■-   ■  .,| 

The  condition  of  the  above  obligation  is  such,  that  if  the  above  bounden  A.  B.,  school  commis- 
sioner of  the  county  aforesaid,  shall  faithfully  discharge  all  the  duties  of  said  office  according  to 
the  laws  which  now  are,  or  may  hereafter  bi  in  force,  and  shall  deliver  over  to  his  successor  in 
office  all  moneys,  books,  papers  and  property  in  his  hands  as  such  school  commissioner,  then  this 
obligation  to  be  void ;  otherwise  to  remain  in  full  force  and  virtue. 


A B- ,   [seal.] 

C D ,    [SEAL.I 

E F ,  [seal.] 


And  which  bond  shall  be  filed  in  the  ofiSee  of  the  county  court. 

§  13.  The  said  commissioner  shall  be  liable  to  removal  by  the  county  court 
(or  in  counties  adopting  township  organization,  by  the  board  of  supervisors,)  for 
any  palpable  violation  of  law  or  omission  of  duty;  and  if  a  majority  of  said  court 
or  board  of  supervisors  shall  at  any  time  be  satisfied  that  his  bond  is  insufficient, 
it  shall  be  his  duty,  on  notice,  to  execute  a  new  bond,  to  be  payable,  condi- 
tioned and  approved  as  the  first  bond;  the  execution  of  which  shall  not  affect 
the  old  bond,  or  the  liability  of  the  security  thereof;  and  when  the  office  of 
school  commissioner  shall  become  vacant,  by  death,  resignation  or  otherwise, 
the  county  court,  or  board  of  supervisors,  shall  fill  the  same  by  appointment  for 
the  unexpired  term,  and  the  person  so  appointed  shall  hold  his  office  until  his 
successor  shall  be  qualified. 

§  14.  The  said  commissioner  shall  provide  three  well  bound  books,  to  be 
known  and  designated  by  the  letters  A,  B,  C,  for  the  following  purposes  :  In 
book  A  he  shall  record  at  length  all  petitions  presented  to  him  for  the  sale  of 
common  school  lands,  and  the  plate  and  certificates  of  valuation  made  by  or 
under  the  direction  of  the  trustees  of  schools,  and  the  affidavits  in  relation  to  the 
same.  In  book  B  he  shall  keep  an  account  of  all  sales  of  common  school  lands  ; 
which  account  shall  contain  the  date  of  sale,  name  of  purchaser,  description  of 
lands  sold,  and  the  sum  sold  for.  In  book  C  he  shall  keep  a  regular  account  of 
aU  moneys  received  for  lands  sold,  or  otherwise,  and  loaned  or  paid  out ;  the 
person  of  whom  received,  and  on  what  account,  and  showing  whether  it  is 
principal  or  interest ;  the  person  to  whom  loaned,  the  time  for  which  the  loan 
was  made,  the  rate  of  interest,  the  names  of  the  securities  when  personal  secu- 
rity is  taken,  or  if  real  estate  is  taken  as  security,  a  description  of  said  real 
estate,  and  if  paid  out,  to  whom,  when,  and  on  what  account,  and  the  amount 
paid  out;  the  list  of  sales,  and  the  accounts  of  each  township  fund  to  be  kept 
separate.  Said  books  shall  be  paid  for  out  of  the  county  treasury  of  the  counties 
in  which  they  are  used. 

§  15.  Whenever  the  bond  of  the  township  treasurer,  approved  by  the  board 
of  trustees  of  schools,  as  required  by  law,  shall  be  delivered  by  the  trustees  of 
schools,  or  either  of  them,  to  the  school  commissioner,  he  shall  receive  and  filo 
the  same  with  the  papers  of  his  office.  He  shall  then,  on  demand,  deliver  to 
said  township  treasurer,  who  shall  receipt  therefor,  all  moneys  in  his  hands  be- 
longing to  said  township  ;    also,  all  bonds,  mortgages,  notes  and  securities  of 


8  SCHOOL   COMMISSIONERS, 

every  description,  for  money  or  property  due  or  to  become  due  the  town- 
ship, and  all  papers  of  every  description  belonging  to  or  in  anywise  pertaining 
to  the  rights  or  interests  of  said  township;  and  the  receipt  of  said  treasurer  to 
the  school  commissioner  shall  be  carefully  preserved,  and  shall  be  evidence  of 
the  facts  therein  stated,  as  well  in  favor  of  the  school  commissioner  as  against 
the  township  treasurer. 

§16.  Ujion  the  receipt  of  the  amount  due  upon  the  auditor's  warrant,  the 
school  commissioner  shall  apportion  one-third  of  said  amount  to  the  several 
townsliips  and  parts  of  townships  in  his  county,  in  proportion  to  the  number  of 
acres  in  said  townships  and  parts  of  townships,  and  the  remaining  two-thirds  to 
the  several  townships  and  fractional  townships  in  his  county,  according  to  the 
number  of  white  children,  under  twenty-one  years  of  age,  returned  to  him,  in 
which  townships  or  parts  of  townships  schools  have  been  kei^t  in  accordance 
with  the  provisions  of  this  act,  and  with  the  instructions  of  the  state  and  county 
superintendents,  and  shall  pay  over  the  distributive  share  belonging  to  each 
township  and  fractional  township,  as  aforesaid,  to  the  respective  township  treas- 
urers, or  other  authorized  persons,  annually.  When  there  is  a  county  fund  in 
the  hands  of  any  school  commissioner,  it  shaU  be  loaned,  and  the  interest 
applied  as  provided  in  this  section  with  respect  to  the  interest  on  the  state  fund. 

§  17.  The  school  commissioner  shaU  also,  on  or  before  the  second  Monday 
of  November,  before  each  regular  session  of  the  general  assembly,  or  annually, 
if  so  required  by  the  state  superintendent,  communicate  to  said  superintendent 
all  such  information  and  statistics  upon  the  subjects  of  schools  in  the  county  as 
the  said  superintendent  is  bound  to  embody  in  his  report  to  the  governor,  and 
such  other  information  as  the  state  superintendent  shall  require. 

§  18.  The  school  commissioner,  upon  his  removal  or  resignation,  or  at  the 
expiration  of  his  term  of  service  (or  in  case  of  his  death,  his  representatives), 
shaU  deliver  over  to  his  successor  in  oflSce,  on  demand,  all  moneys,  books, 
papers  and  personal  property,  belonging  to  the  ofBce,  or  subject  to  the  control  or 
disposition  of  the  school  commissioner. 

§  19.  The  school  commissioner  may  loan  any  money,  not  interest,  belonging 
to  the  county  fund,  before  the  same  is  called  for  according  to  law  by  the  town- 
ship treasurer,  at  the  same  rate  of  interest,  upon  the  same  security  and  for  the 
same  length  of  time  as  is  provided  by  this  act  in  relation  to  the  township  treas- 
urers ;  and  notes  and  mortgages  taken  in  the  name  of  the  ' '  school  commissioner ' ' 
of  the  proper  county,  shaU  be,  and  all  loans  heretofore  made  in  the  name  of 
"school  commissioners,"  are  hereby  declared  to  be  as  valid  as  if  taken  in  the 
name  of  "trustees  of  schools"  of  the  proper  township,  and  suits  may  be  brought 
in  the  name  of  ' '  school  commissioners ' '  on  all  notes  and  mortgages  heretofore 
or  hereafter  made  payable  to  school  commissioners. 

§  20.  It  shall  be  the  duty  of  the  school  commissioner  to  visit,  as  often  as 
practicable,  the  several  schools  of  his  county,  and  to  note  the  common  method 
of  instruction  and  branches  taught,  and  give  such  directions  in  the  art  of  teach- 
ing, and  the  method  thereof,  in  each  school,  as  to  him,  together  with  the 
directors,  shall  be  deemed  expedient  and  necessary,  so  that  each  school  shall  be 
equal  to  the  grade  for  which  it  was  established,  and  that  there  may  be,  as  far 
as  practicable,  uniformity  in  the  course  of  studies  in  the  schools  of  the  several 
grades  respectively,  and  shall  carry  out  the  advice  and  instructions  of  the  state 
superintendent.  All  questions  and  controversies  arising  under  the  school  law, 
in  the  several  counties,  shall  first  be  submitted  to  the  school  commissioner,  for 
his  opinion  and  advice;  whence  appeal  may  be  taken  to  the  state  superintendent, 
upon  a  written  statement  of  facts,  subscribed  by  the  school  commissioner  and 
certified  by  representatives  of  each  party  concerned:  Provided,  that  nothing  in 
this  act  shall  be  construed  to  vest  the  school  commissioners  or  superintendent 
with  judicial  power. 

§  21.  In  all  cases  where  the  township  board  of  trustees  of  any  township 
shall  fail  to  prepare  and  forward,  or  cause  to  be  prepared  and  forwarded,  to  the 
school  commissioner,  the  information  and  statistics  required  of  them  in  this  act, 
it  shaU  be  the  duty  of  said  school  commissioner  to  employ  a  competent  person  to 


TRUSTEES   OF   SCHOOLS.  9 

take  the  enumeratioii,  and  furnish  said  statistical  statement,  as  far  as  practicable, 
to  the  commissioner;  and  said  person  so  employed  shall  have  free  access  to  the 
books  and  papers  of  said  townsliip,  to  enable  him  to  make  such  statement;  and 
the  township  treasurer,  or  other  officer  or  person  in  whose  custody  such  books 
and  papers  may  be,  shall  permit  said  person  to  examine  such  books  and  papers, 
at  such  times  and  places  as  such  person  may  desire,  for  the  purposes  aforesaid; 
and  the  said  school  commissioner  shall  allow,  and  pay,  to  the  person  so  employed 
by  him,  for  the  services,  such  amount  as  he  may  judge  reasonable,  out  of  any 
money  which  is  or  may  come  into  said  commissioner's  hands,  apportioned  as  the 
share"  of  or  belonging  to  such  township  ;  and  the  said  school  commissioner  shall 
proceed  to  recover  and  coUect  the  amovmt  so  allowed  or  paid  for  such  services, 
in  a  civil  action  before  any  justice  of  the  peace  in  the  county,  or  before  any 
court  having  jurisdiction,  in  the  name  of  the  people  of  the  state  of  lUinois,  of 
and  against  the  trustees  of  schools  of  said  township,  in  their  individual  capacity, 
and  in  such  suit  or  suits  the  school  commissioner  and  township  treasurer  shall 
be  competent  witnesses;  and  the  money  so  recovered,  when  collected,  shall  be 
paid  over  to  the  school  commissioner,  for  the  benefit  of  said  township,  to  replace 
the  money  taken  as  aforesaid. 

§  22.  "When  any  real  estate  shall  have  been  taken  for  debts  due  to  any 
school  fund,  the  title  to  which  real  estate  has  become  vested  in  any  school  com- 
missioner, or  trustees  of  schools,  for  the  use  of  the  inliabitants  of  two  or  more 
townships,  the  school  commissioner  may  resell  such  real  estate  for  the  benefit  of 
said  townships,  under  the  provisions  of  this  act  regulating  the  sale  of  the  common 
school  lands;  and  the  said  commissioner  is  hereby  authorized  to  execute  con- 
veyances to  purchasers;  and  said  commissioner  shall  be  entitled  to  retain  the 
same  per  centage  on  the  amount  of  such  sale  out  of  the  assets  thereof,  as  he  is 
entitled  to  for  selling  the  common  school  lands. 

TOWNSHIPS — TRUSTEES  OF  SCHOOLS. 

§  23.  Each  congressional  township,  as  surveyed  and  laid  off  by  authority  of 
the  United  States,  is  hereby  established  a  township  for  school  purposes.  The 
business  of  the  township  shall  be  done  by  three  trustees,  to  be  elected  by  the 
legal  voters  of  the  township;  and  the  said  township,  upon  the  election  of  trus- 
tees, as  aforesaid,  as  hereinafter  provided  for,  shall  be  a  body  corporate  and 

pohtic,  by  the  name  and  style  of  ' '  trustees  of  schools  of  township ,  range 

,"  according  to  the  number.      The  said  corporation  shall  have  perpetual 

existence,  and  shall  have  power  to  sue  and  be  sued,  to  plead  and  be  imijleaded, 
in  all  courts  and  places  where  judicial  proceedings  are  had.  Said  trustees  shall 
continue  in  office  two  years  and  until  others  are  elected,  and  enter  upon  the 
duties  of  their  office. 

§  24.  No  person  shall  be  eligible  to  the  office  of  trustee  of  schools  unless  he 
shall  be  twenty-one  years  of  age  and  a  resident  of  the  township. 

§25.  The  election  of  trustees  of  schools  shall  be  on  the  second  Monday  in 
October,  biennially,  but  in  townships  where  such  election  has  not  been  hereto- 
fore had,  or  where  there  are  no  trustees  of  schools,  the  election  of  trustees  of 
schools  may  be  holden  on  Monday;  notice  being  given  as  hereinafter  in  this 
section  required.  The  first  election  shall  be  ordered,  if  in  townships  already 
incorporated,  by  the  trustees  of  schools  of  the  township,  the  township  treasurer 
giving  notice  of  the  time  and  place,  by  posting  up  notices  of  the  same  at  least 
ten  days  previous  to  the  day  of  election,  at  or  in  the  school  house,  or  in  the 
most  public  place  in  every  school  district  in  the  township.  If  there  are  no 
trustees  of  schools  in  a  township,  the  clerk  of  the  county  court  sliall  cause  the 
notice  to  be  given  as  aforesaid.  For  all  subsequent  elections,  the  like  notices 
shall  be  given  by  the  trustees  of  schools,  through  the  township  treasurer: 
Provided,  that  if,  upon  any  day  appointed  as  aforesaid,  for  the  election  aforesaid, 
the  said  trustees  of  schools,  or  judges,  shall  be  of  opinion  that,  on  account  of  the 
small  attendance  of  voters,  tlie  public  good  requires  it,  or  if  the  voters  present, 
or  a  majority  of  them,  desire  it,  they  shall  postpone  said  election  until  the  next 
Monday,  and  at  the  same  place  and  hour ;   at  which  meeting  the  voters  shall 


10  TEUSTEES   OF   SCHOOLS. 

proceed  as  if  it  were  not  a  postponed  or  adjourned  meeting  :  And,  provided  also, 
that  if  notice  sliall  not  have  been  given  as  above  required,  then,  and  in  that  case, 
said  election  may  be  ordered  as  aforesaid,  and  holden  on  tlie  first  Monday  in 
November,  or  any  other  Monday;  notice  thereof  being  given  as  aforesaid. 

§  26.  Two  of  the  trustees  of  schools  of  incorporated  townships,  if  present, 
shall  act  as  judges,  and  one  as  clerk  of  said  election.  If  said  trustees  shaU  fail 
to  attend,  or  refuse  to  act  when  present,  and  in  townships  unincorporated,  the 
qualified  voters  present  shall  choose  from  amongst  themselves  three  judges  and  a 
clerk  to  open  and  conduct  said  election. 

§  27.  The  time  and  manner  of  opening,  conducting  and  closing  said  election, 
and  the  several  liabilities  appertaining  to  the  judges  and  clerks,  and  to  the  voters 
separately  and  collectively,  and  the  manner  of  contesting  said  elections,  shall  be 
the  same  as  prescribed  by  the  general  election  laws  of  this  state,  defining  the 
manner  of  electing  magistrates  and  constables,  so  far  as  applicable,  subject  to  the 
provisions  of  this  act:  Provided,  the  judges  may  close  said  election  at  four 
o'clock,  p.  M. 

§  28.  No  person  shall  vote  at  said  election  unless  he  possesses  the  quahfica- 
tion  of  a  voter  at  a  general  election.  In  case  of  a  tie  at  such  election  it  shall  be 
determined  by  lot,  on  the  day  of  election,  by  the  judges  thereof. 

§  29.  "When  a  vacancy  or  vacancies  shall  occur  in  the  board  of  trustees  of 
schools,  the  remaining  trustee  or  trustees  shall  order  an  election  to  fill  such  vacan- 
cy, upon  any  Monday;  notice  to  be  given  as  required  in  section  twenty-five  hereof. 

§  .30.  Upon  the  election  of  trustees  of  schools,  the  judges  of  the  election 
shall  cause  the  poll  book  of  said  election  to  be  delivered  to  the  school  commis- 
sioner of  the  county,  with  a  certificate  thereon  showing  the  election  of  said 
trustees,  and  names  of  the  persons  elected;  which  poll  book,  with  the  certificate, 
shall  be  filed  by  said  commissioner,  and  shall  be  evidence  of  such  election. 

§31.  The  said  trustees  of  schools,  elected  as  aforesaid,  shaU  be  successors 
to  the  trustees  of  school  lands,  appointed  by  the  county  commissioners'  court, 
and  of  trustees  of  schools  elected  in  to-miships  under  the  provisions  of  "An  act 
making  provisions  for  organizing  and  maintaining  common  schools,"  approved 
Eebruary  2G,  1841,  and  of  "An  act  to  establish  and  maintain  common  schools," 
approved  March  1,  1847.  AH  rights  of  propertj',  and  rights  and  causes  of  action, 
existing  or  vested  in  the  trustees  of  school  lands,  or  trustees  of  schools  appointed 
or  elected  as  aforesaid  for  the  use  of  the  inhabitants  of  the  township,  or  any 
part  of  them,  shall  vest  in  the  trustees  of  schools  as  successors,  in  as  full  and 
complete  a  manner  as  was  vested  in  the  school  commissioner  [the  trustees  of 
school  lands],  or  the  trustees  of  schools  appointed  and  elected  as  aforesaid. 

§  32.  It  shall  be  the  duty  of  the  township  board  of  trustees  to  hold  regular 
semi-aimual  sessions  on  the  first  Mondays  of  Ajiril  and  October  in  each  year,  and 
may  meet  at  siich  other  times  and  such  other  places  as  they  may  think  proper; 
and  the  president  of  the  board,  or  any  two  members  thereof,  may  caU  a  special 
meeting  of  the  board;  and  at  all  meetings  of  the  board,  two  of  its  members  shaU 
constitute  a  quorum  to  transact  any  business.  Said  board  shall  organize  by 
appointing  one  of  their  number  president,  and  some  person,  who  shall  not  be  a 
director  or  member  of  the  board,  township  treasurer,  who  shall  be  ex  officio  clerk 
of  the  board.  The  said  president  and  township  treasurer  shall  hold  their  offices 
during  the  term  for  which  that  board  of  trustees,  by  which  they  are  appointed, 
shall  have  been  elected,  and  until  their  successors  are  appointed,  and  until  their 
newly  appointed  treasurer  has  given  bond  as  required  by  this  act;  either  of  said 
officers,  however,  for  good  cause,  may  be  removed  by  the  board.  It  shall  be 
the  duty  of  the  president,  when  present,  to  preside  at  the  meetings  of  the  board; 
and  it  shall  be  the  duty  of  the  clerk  to  be  present  at  all  meetings  of  the  board,  and 
to  record  in  a  book  to  be  provided  for  the  purpose  all  their  official  proceedings, 
which  shall  be  a  public  record,  open  to  the  inspection  of  any  person  interested 
therein;  and  all  said  proceedings,  when  recorded,  sliall  be  signed  by  the  presi- 
dent and  clerk.  If  the  president  or  clerk  shall  be  absent,  or  refuse  to  perform 
any  of  the  duties  of  his  office  at  any  meeting  of  the  board,  a  president  or  clerk, 
pro  tempore,  may  be  appointed. 


TRUSTEES   OF   SCHOOLS.  11 

§  33.  Trustees  of  schools  shall  lay  off  the  township  into  districts  to  suit-  the 
wishes  and  convenience  of  a  majority  of  the  inhabitants  of  their  townships,  and 
ihall  prepare,  or  cause  to  be  prepared,  a  map  of  their  township,  as  often  as  may 
be  necessary,  on  which  sliaU  be  designated  districts,  to  be  styled  district  No. 

,  in  township  No.  ,   which  tliey  may  alter  or  change  at  any  regular 

session;  which  map  sliall  be  certified  by  the  president  and  clerk  of  the  board, 
and  filed  with  and  recorded  by  the  county  clerk,  in  a  book  to  be  kept  for  that 
purpose,  to  be  paid  for  out  of  the  county  treasury:  Proi'irfcc?,  that  school  districts 
may  be  formed  out  of  parts  of  two  or  more  townships  or  fractional  townships; 
in  which  case  the  trustees  of  the  schools  of  the  townships  interested  shall  act  in 
conjunction  in  the  formation  of  such  district.  •When  a  new  district  is  formed 
from  one  or  more  districts,  the  trustees  shall  make  division  of  any  tax  funds 
which  are  or  may  be  in  tlie  hands  of  any  officer,  in  proportion  to  the  amount 
of  taxes  coUected  from  the  property  remaining  in  each  district;  and  it  shall  be 
the  duty  of  the  officer  to  pay  the  same  on  the  order  of  the  trustees. 

§  34.  At  each  meeting  on  the  first  Monday  of  April  and  October,  the  trus- 
tees having  ascertained  the  amount  of  state,  county  and  township  funds  on  hand 
and  ready  for  distribution,  shall  apportion  the  same  as  follows :  First,  two  per 
cent,  to  the  township  treasurer.  Second,  whatever  may  be  due  for  the  books  of 
the  treasurer.  Third,  any  reasonable  amount  for  dividing  school  lands,  making 
plats,  &c.  Fourth,  of  the  balance,  one  half  shall  be  divided  among  the  districts, 
in  proportion  to  the  number  of  children,  under  twenty-one,  in  each,  and  the 
other  half  in  proportion  to  the  attendance  certified  in  the  schedules.  Thereupon, 
the  township  treasurer  shall  pay  out  the  money  to  the  several  persons  to  whom 
it  shall  be  distributed,  and  hold  the  balance,  if  any,  apportioned  on  the  schedules, 
Bubject  to  the  order  of  the  directors  of  the  proper  district.  They  shaU  also  as- 
certain the  amount  of  district  tax  monpy  in  the  hands  of  the  treasurer,  and  direct 
him  to  pay  over  the  same  on  the  order  of  the  directors  of  the  district  to  which  it 
belongs. 

§  35.  Pupils  may  be  transferred  from  one  district  to  another,  either  in  the 
same  or  in  different  townships,  only  upon  the  written  consent  of  the  directors  of 
both  districts.  The  school  thus  formed  shaU  be  under  the  control  of  the  directors 
of  the  district  in  Avhich  it  is  kept.  A  separate  schedule  shall  be  kept  for  each 
district,  upon  the  return  of  which  to  the  trustees  of  the  proper  township,  they 
ehall  iastruct  their  treasurer  to  pay  the  amount  certified  in  said  schedule  to  be 
due,  to  the  teacher  entitled  thereto ;  and  such  separate  schedule,  duly  certified 
ehall  be  taken  by  the  several  boards  of  trustees  and  their  treasurers,  as  evidence 
of  the  consent  of  directors,  unless  objection  be  made,  in  writing,  by  two  directors 
of  one  of  the  districts  concerned.  The  aforesaid  written  permits  shall  be  re- 
turned to  and  filed  by  the  teacher  of  said  school,  and  shall  be  evidence  of  said 
permission.  But  a  majority  of  the  directors  of  the  several  districts  may  unite 
the  whole,  or  a  part  of  each,  into  one,  and  place  the  school  under  the  control 
of  the  [tliree]  persons  whom  they  may  appoint,  and  who  shall  be  styled  ' '  Direc- 
tors of  Union  School,  in  District  No.  ,  in  Township  No.  ,"  who  shall 

be  a  body  politic  and  corporate,  with  fuU  power  to  levy  taxes  in  the  territory 
composing  the  Union  District,  and  with  all  other  powers  conferred  by  this  act 
upon  directors.- 

§  36.  The  board  of  trustees  in  each  township  in  this  state  shall  prepare,  or 
cause  to  be  prepared  by  the  township  treasurer,  the  clerk  of  the  board,  or  other 
person,  and  forwarded  to  the  school  commissioners  of  the  county  in  which  the 
township  lies,  on  or  before  the  second  Monday  of  October  preceding  each 
regular  session  of  the  general  assembly  of  this  state,  and  at  such  other  times  as 
may  be  required  by  the  school  commissioner,  or  by  the  state  superintendent  of 
public  instruction,  a  statement,  exhibiting  the  condition  of  schools  in  their  re- 
epective  townships  for  the  preceding  biennial  period,  giving  separately  each 
year,  commencing  on  the  first  Mondays  of  October  and  ending  on  the  last  of 
September;  which  statement  shall  be  as  follows:  1st.  The  whole  number  of 
Bchools  which  have  been  taught  in  each  year:  what  part  of  said  number  have 
been  taught  by  males  exclusively;  what  part  have  been  taught  by  females  ex- 


12  TETJSTEES    OF   SCHOOLS. 

clusively  ;  what  part  of  said  whole  number  have  been  taught  by  males  and 
females  at  the  same  time,  and  what  part  by  males  and  females  at  ditlerent 
periods.  2d.  The  whole  number  of  scholars  in  attendance  at  all  the  schools, 
giving  the  number  of  males  and  females  separately.  3d.  The  number  of  male 
and  female  teachers,  giving  each  separately;  the  highest,  lowest  and  average 
monthly  compensation  paid  to  male  and  female  teachers,  giving  each  item  sepa- 
rately. 4th.  The  number  of  persons  under  twenty-one  years  of  age.  5th.  The 
amount  of  the  princijial  of  the  township  fund ;  the  amount  of  the  interest  on  the 
township  fund  paid  into  the  township  treasury;  the  amount  of  state  or  common 
school  fund  received  by  the  township  treasurer;  the  amount  raised  by  ad 
valorem  tax,  and  the  amount  of  such  tax  received  into  the  township  treasury, 
and  tlie  amount  of  all  other  funds  received  into  the  township  treasury.  6th. 
Amount  paid  for  teachers'  wages;  the  amount  paid  for  school  house  lots;  the 
amount  paid  for  building,  repairing,  purchasing,  renting  and  furnishing  school 
houses;  the  amount  paid  for  school  apparatus,  for  books  and  other  incidental 
expenses  for  the  use  of  school  libraries;  the  amount  paid  as  compensation  to 
township  officers  and  others.  Itli.  The  whole  amount  of  the  receipts  and  expen- 
ditures for  scliool  purposes,  together  with  such  other  statistics  and  imformation  in 
regard  to  schools  as  the  state  superintendent  or  school  commissioner  may  require. 
§  37.  In  all  cases  where  a  township  is  or  shaU  be  divided  by  a  county  line 
or  lines,  the  board  of  trustees  of  such  township  shall  make,  or  cause  to  be 
made  separate  enumerations  of  male  and  female  white  persons  of  the  ages  as 
directed  in  the  foregoing  section  of  this  act,  designating  separately  the  number 
residing  in  each  of  the  counties  in  which  such  township  may  lie,  and  forward  each 
respective  number  to  the  proper  school  commissioner  of  each  of  said  counties; 
and  in  like  manner,  as  far  as  practicable,  all  other  statistics  and  information 
emimerated  and  required  to  be  reported  in  the  aforesaid  section,  shaU  be  sepa- 
rately reported  to  the  several  school  commissioners;  and  all  such  parts  of 
said  statistical  information  as  are  not  susceptible  of  division,  and  are  impracti- 
cable to  be  reported  separately,  shall  be  reported  to  the  school  commissioner  of 
the  county  in  which  the  sixteenth  section  of  such  township  is  situated. 

§  38.  At  each  semi-annual  meeting,  and  at  such  other  meetings  as  they  may 
think  proper,  the  said  township  board  shaU  examine  all  books,  notes,  mortgages, 
securities,  papers,  moneys  and  effects  of  the  corporation,  and  the  accounts  and 
vouchers  of  the  township  treasurer,  or  other  township  school  officer,  and  shall 
make  such  order  thereon  for  their  security,  preservation,  collection,  correction 
of  errors,  if  any,  and  for  their  proper  management,  as  may  seem  to  said  board 
necessary. 

§  39.  The  board  of  trustees  of  each  township  in  the  state  may  receive  any 
gift,  grant,  donation  or  demise  made  for  the  use  of  any  school  or  schools,  or 
library,  or  other  school  purposes  within  their  jurisdiction;  and  they  shaU  be, 
and  are  hereby  invested,  in  their  corporate  capacity,  with  the  title,  care  and 
custody  of  all  school  houses  and  school  house  sites;  but  the  supervision  and 
control  of  them  is  expressly  vested  in  the  directors  of  each  district  in  which 
said  property  is  situated;  and  when,  in  the  opinion  of  the  school  directors,  the 
school  house  site  has  become  unnecessary,  or  unsuitable,  or  inconvenient  for  a 
school,  said  board  shaU  sell  and  convey  the  same  in  the  name  of  the  said  board, 
after  giving  at  least  twenty  days'  notice  of  such  sale,  by  posting  up  written  or 
printed  notices  thereof,  particularly  describing  said  property  and  terms  of  sale, 
and  such  conveyance  shall  be  executed  by  the  president  and  clerk  of  said  board, 
and  the  avails  shall  be  paid  over  to  the  township  treasurer  for  the  benefit  of  said 
district;  and  all  conveyances  of  real  estate,  which  may  be  made  to  said  board 
shall  be  made  to  said  board  in  their  corporate  name,  and  to  their  successors  in 
office.  When  any  two  or  more  districts  shall  be  consolidated  into  one,  the  new 
district  shall  own  all  the  corporate  property  of  the  several  districts;  and  when 
a  district  shall  be  divided,  or  a  portion  set  off  to  another  district,  the  funds, 
property,  or  the  income  and  the  proceeds  thereof,  belonging  to  such  district  shall 
be  distributed  or  adjusted  among  the  several  parts  by  the  trustees  of  the  town, 
or  towns  to  which  such  district  belongs,  and  in  a  just  and  equitable  manner. 


SCHOOL  DIRECTORS.  13 

§  40.  The  township  board  shall  cause  all  moneys  for  the  use  of  the  township 
to  be  paid  over  to  the  township  treasurer.  They  shall  have  power,  also,  to  re- 
move the  township  treasurer  at  any  time,  for  any  failure  or  refusal  to  execute 
or  comply  with  any  order  or  requisition  of  said  board,  legally  made,  or  any 
other  improper  conduct  in  the  discharge  of  his  duty  as  treasurer,  or  at  any  time 
they  may  deem  such  removal  expedient.  They  shall  also  have  power,  for  any 
failure  or  refusal  as  aforesaid,  to  sue  him  upon  his  bond. 

§  41.  The  township  trustees  are  hereby  vested  with  general  power  and 
authority  to  purchase  real  estate,  if  in  their  opinion  the  interests  of  the  town- 
ship fund  will  be  promoted  thereby,  in  satisfaction  of  any  judgment  or  decree 
wherein  the  said  board  or  school  commissioners  are  plaintiffs  or  complainants; 
and  the  title  of  such  real  estate  so  purchased  shall  vest  in  said  board,  for  the 
use  of  the  inhabitants  of  said  township,  for  school  purposes;  and  all  purchases 
of  land  heretofore  made  by  school  commi-ssioners,  or  trustees  of  school  lands, 
or  trustees  of  schools,  for  the  use  of  any  fund  or  township  for  the  use  of 
schools,  are  hereby  declared  valid.  The  said  boar.d  are  hereby  vested  with 
general  power  and  authority  to  make  all  settlements  with  persons  indebted  to 
them  in  their  official  capacity;  or  receive  deeds  of  real  estate  in  compromise; 
and  to  cancel,  in  such  manner  as  they  may  thnik  proper,  notes,  bonds,  mortgages, 
judgments  and  decrees,  existing,  or  that  may  hereafter  exist,  for  the  benefit  of 
the  township,  when  the  interest  of  said  township  or  the  fund  concerned,  shall, 
in  their  opinion,  require  it;  and  their  action  shall  be  valid.  Said  board  of 
trustees  are  hereby  authorized  to  sell  or  lease,  at  public  auction,  any  land  that 
may  come  into  their  possession,  in  svich  maimer  and  on  such  terms  as  they  shall 
deem  for  the  interest  of  the  township:  Provided,  that  in  all  cases  of  sale  of  land, 
as  provided  in  this  section,  the  sale  shall  be  made  at  the  same  place,  and  notice 
given  of  it  in  the  same  manner  as  is  provided  in  this  act  for  the  sale  of  the  six- 
teenth section. 

SCHOOL  DIRECTORS — THEIR  ELECTION  AND  DUTIES. 

§  42.  The  annual  election  of  school  directors  shall  be  on  the  first  Monday  of 
August,  when  one  director  shaU  be  elected  in  each  district,  who  shall  liold  his 
office  for  three  years,  and  imtil  his  successor  is  elected.  In  new  districts  the 
first  election  may  be  on  any  Monday,  notice  being  given  by  the  township  trea- 
surer, as  for  the  election  of  trustees,  when  three  directors  shall  be  elected,  who 
shall,  at  their  first  meeting,  draw  lots  for  their  respective  terms  of  office,  for 
one,  two,  and  three  years.  "When  vacancies  occur,  the  remaining  director  or 
directors  shaU,  without  delay,  order  an  election  to  fill  such  vacancies.  Notices 
of  all  elections  in  organized  districts  shall  be  given  by  the  directors,  at  least  ten 
days  previous  to  the  day  of  said  election.  Said  notices  shall  be  posted  in  at 
least  three  of  the  most  public  places  in  the  district,  and  shall  specify  the  place 
where  such  election  is  to  held,  the  time  of  opening  and  closing  the  polls  and  the 
question  or  questions  to  be  voted  on.  Two  of  the  directors  shall  act  as  judges 
and  one  as  clerk  of  said  election.  But,  if  said  directors  shall  fail  to  attend,  or 
refuse  to  act,  when  present,  and  in  unorganized  districts,  the  legal  voters  when 
assembled  shall  choose  three  of  their  number  to  act  as  judges,  and  one  as  clerk 
of  said  election:  Provided,  that  if  upon  the  day  appointed  for  said  election,  the 
said  directors  or  judges  shall  be  of  opinion  that,  on  account  of  the  small 
attendance  of  voters,  the  public  good  requires  it,  or  if  the  voters  present,  or  a 
majority  of  them,  shall  desire  it,  they  shaU  postpone  said  election  until  the  next 
Monday,  at  the  same  place  and  hour,  when  the  voters  shall  proceed  as  if  it  were 
not  an  adjourned  meeting:  And,  provided,  also,  that  if  notice  shall  not  have 
been  given,  as  above  required,  then  said  election  may  be  ordered  as  aforesaid, 
and  holden  on  the  third  Monday  in  August,  or  any  other  Monday,  notice  thereof 
being  given  as  aforesaid.  In  case  of  a  tie  the  judges  shall  decide  it,  by  lot,  on 
the  day  of  election.  The  directors  shall  appoint  one  of  their  numljer  clerk, 
who  shall  keep  a  record  of  all  the  official  acts  of  the  board,  in  a  well  bound 
book,  provided  for  the  purpose;  which  record  shall  be  submitted  to  the  town- 
ship treasurer,  for  his  inspection  and  approval,  on  the  first  Mondays  of  April* 


14  SCHOOL  DIKECTOES. 

and  October,  and  at  such  other  times  as  the  township  treasurer  may  require. 
Directors  are  authorized  to  use  anj'  funds  belonging  to  their  district,  and  not 
otherwise  ai^propriated,  for  the  purchase  of  a  suitable  book  for  their  records, 
and  the  said  records  shall  be  kept  in  a  punctual,  orderly  and  reliable  manner. 
No  person  shall  be  entitled  to  vote  at  any  district  election,  on  the  question  of 
raising  mone}',  unless  he  shall  have  resided  in  the  district  at  least  thirty  days 
immediately  preceding  said  election,  nor  unless  he  shall  have  paid  a  tax  in  said 
district  the  preceding  year,  or  shall  have  been  assessed  in  such  district  for  the 
year  in  which  such  election  is  held.  After  every  election  of  directors,  the 
judges  shaU  cause  the  poll  book  to  be  delivered  to  the  township  treasurer,  with 
a  certificate  thereon  showing  the  election  of  said  directors  and  names  of  the 
persons  elected;  which  poU  book  shall  be  filed  by  the  township  treasurer,  and 
shall  be  evidence  of  said  election.  If  any  trustee  or  director  shall  not  be  an 
inhabitant  of  the  district  or  township  which  he  represents,  an  election  shall  be 
ordered  to  fill  the  vacancy,  and  no  person  shaU  be  at  the  same  time  a  director 
and  trustee,  nor  shall  a  director  or  trustee  be  interested  in  any  contract  made 
by  the  board  of  which  he  is  a  member. 

§  43.  For  the  purj^ose  of  establishing  and  supporting  free  schools  for  six 
months,  and  defraying  all  the  expenses  of  the  same,  of  every  description;  for 
the  purpose  of  repairing  and  improving  school  houses;  of  procuring  furniture, 
fuel,  hbraries  and  apparatus;  and  for  all  other  necessary  incidental  expenses, 
the  directors  of  each  district  shall  be  authorized  to  levy  a  tax,  annually,  upon 
all  the  taxable  property  of  the  district.  They  may  also  appropriate  to  the  pur- 
chase of  libraries  and  apparatus,  any  surjilus  funds,  after  [aU]  necessary  school 
expenses  are  paid. 

§  44.  At  any  meeting'  prior  to  the  second  Monday  of  September,  annually, 
the  directors  of  each  district  shall  ascertain  how  much  money  must  be  raised 
by  special  district  tax  for  school  purposes  during  the  ensuing  year.  They  shall 
then  find  what  rate  per  cent,  this  amount  will  require  to  be  levied;  which  rate, 
together  with  a  list  of  the  resident  tax  payers,  shall  be  certified  and  returned  to 
the  clerk  of  the  county  court,  on  or  before  the  second  Monday  of  September. 
The  certificate  may  be  in  the  following  form: 

"  We  hereby  certify,  that  we  requh-e  the  rate  of to  be  levied,  for  school  purposes,  on 

all  the  taxable  property  of  oui-  district,  for  tlie  year  18 — .     Given  under  our  hands  this 

d?y  of ,  18—. 

A.  B.  I     Directors  district  No. ,  township 

C.  D.  >•         No.  ,  range  No.  ,  county 

E.  F.  j         of ,  and  state  of  Illinois." 

'The  money  thus  raised  shall  be  appropriated  by  the  directors  to  the  various 
objects  for  which  it  was  intended. 

§  45.  According  to  the  rate  or  rates  certified  as  aforesaid,  the  said  county 
clerk,  when  making  out  the  tax  books  for  the  collector,  should  compute  each 
taxable  person's  tax  in  said  district,  taking  as  a  basis  the  whole  amount  of  tax- 
able property  returned  by  the  county  assessor  for  that  year,  lying  and  being  in 
said  district,  whether  belonging  to  residents  or  nonresidents,  and  also  each  and 
every  tract  of  land  assessed  by  the  assessor,  which  lies,  or  the  largest  part  of 
wliich  lies,  in  said  district.  The  said  county  clerk  shall  cause  each  person's  tax 
so  computed  to  be  set  upon  the  tax  book,  to  be  delivered  to  the  collector  for 
that  year,  in  a  separate  column,  against  each  tax  payer's  name,  or  parcel  of  tax- 
able property,  as  it  appears  in  said  collector's  book,  to  be  collected  in  the  same 
manner,  and  at  the  same  time,  and  by  the  same  persons,  as  state  and  coimty 
taxes  are  collected:  Provided,  the  assessments  so  made  in  the  years  intervening 
between  the  regular  biennial  assessments  of  real  estate  as  provided  in  the  revenue 
acts,  shall  be  based  upon  the  tax  payer's  real  estate  as  assessed  at  the  regular  bien- 
nial assessment.  The  computations  of  each  person's  tax,  and  the  levy  made  by  the 
clerk,  as  aforesaid,  shall  fie  final  and  conclusive:  Provided,  further,  also,  the  rate 
shall  be  uniform,  and  shall  not  exceed  the  rate  certified  bj-  the  board  of  direct- 
ors; and  the  said  county  clerk,  before  delivering  the  tax  book  to  the  collector, 
shall  make  out  and  deliver,  on  demand,  to  each  township  treasurer,  of  the 
respective  townships  in  the  county,  a  certificate  of  the  amount  due  each  district 


SCHOOL  DIRECTORS.  15 

in  his  township,  of  said  tax  so  levied  and  placed  upon  the  tax  books  ;  and  on  or 
before  the  first  day  of  April  next  after  the  delivery  of  the  tax  books  containing  the 
computation  and  levy  of  said  taxes  aforesaid,  or  so  soon  thereafter  as  the  township 
treasurer  shall  present  the  said  certificate  of  the  amount  of  said  tax,  and  make  a 
demand  therefor,  the  said  collector  shall  pay  to  said  township  treasurer  the  full 
amount  of  said  tax,  so  certified  by  the  county  clerk,  retaining  from  said  amount 
only  two  per  centum,  as  his  fees  for  collection,  taking  of  the  township  treasurer  his 
receipt  therefor,  which  receipt  shaU  be  evidence,  as  well  in  favor  of  the  collector 
as  against  the  township  treasurer;  and  said  treasurer  shall  enter  the  same  in  his 
books,  under  the  proper  heads,  and  pay  the  same  out  as  provided  for  by  this  act. 
When  a  district  is  composed  of  parts  of  two  or  more  townshiiDS,  the  directors 
shall  determine  and  inform  the  collector  in  writing,  under  their  hands  as  direct- 
ors, which  of  the  treasurers  of  the  townships  from  which  their  district  is  formed 
shall  demand  and  receive  the  tax  money  collected  by  the  county  collector  as 
aforesaid. 

§  46.  If  any  collector  shall  fail  to  pay  the  amount  of  said  tax,  or  any  part 
thereof,  as  required  in  the  aforesaid  section,  it  shall  be  competent  for  the  town- 
ship treasurer,  or  other  authorized  person,  to  proceed  against  such  collector  and 
his  securities  in  an  action  of  debt  in  the  county  court;  which  court  is  hereby 
vested  with  full  power  and  authority  to  hear  and  determine  aU  such  suits,  render 
judgments  and  issue  executions;  or  said  suit  may  be  brought  in  any  other  court 
having  jurisdiction;  and  the  said  collector,  so  in  default,  shall  pay  twelve  per 
centum  upon  the  amount  due,  to  be  assessed  as  damages,  which  shall  be  included 
in  the  judgment  rendered  against  him:  Provided,  no  collector  shall  be  liable  for 
such  part  of  said  tax  as  he  shaU  be  able  to  make  appear  he  could  not  have  col- 
lected by  law,  until  he  may  be  able  to  so  collect  such  amount. 

§  47.  When  a  district  lies  in  two  or  more!  counties,  the  directors  shall  return 
to  the  clerk  of  the  county  court  of  each  county  the  names  of  the  resident  tax 
payers  in  each.  The  clerk  of  each  county  shall  then  furnish  the  directors  the 
amount  of  the  taxable  property  of  the  district,  lying  in  his  county,  a.s  returned 
by  the  assessor  of  the  previous  year.  The  directors  shall  then  determine  and 
certify  the  rates  to  be  levied,  and  return  the  certificates  to  the  clerk  of  each 
county.  For  the  purpose  of  building  school  houses  or  purchasing  school  sites, 
or  for  repairing  and  improving  the  same,  the  directors,  by  a  vote  of  the  people, 
may  borrow  money,  issuing  bonds  executed  by  the  officers  or  at  least  two  mem- 
bers of  the  board,  in  sums  of  not  less  than  one  hvindred  dollars.  But  the  rate 
of  interest  shall  not  exceed  ten  per  cent.,  nor  shall  the  sum  borrowed  in  any 
one  year  exceed  three  per  cent,  of  the  taxable  property  of  the  district.  Nor 
shall  the  tax  levied  in  any  one  year  .for  building  a  school  house  exceed  two 
per  cent,  of  said  taxable  property. 

§  48.     The  directors  of  each  district  are  hereby  declared  a  body  politic  and 

ccm3orate,  by  the  name  of  "  School  directors  of  district  N"o. ,  township  No. 

,  county  of ,  and  State  of  Illinois, ' '  and  by  that  name  may  sue  and  be  sued 

in  all  courts  and  places  whatever.  Two  directors  shaU  be  a  quorum  for  business. 
The  directors  shah  be  liable,  as  directors,  for  the  balance  due  teachen^,  and  for 
all  debts  legally  contracted.  They  shall  establish  and  keep  in  operation,  for  at 
least  six  months  in  each  year,  a  sufficient  number  of  free  schools  for  all  the 
children  in  the  district,  over  the  age  of  five  and  under  twenty-one  years.  They 
may  adopt  all  necessary  rules  and  regulations  for  the  management  of  the  schools, 
and  shall  visit  and  inspect  the  same  as  often  as  practicable.  They  shall  appoint 
all  teachers,  fix  the  amount  of  their  salaries,  and  may  dismiss  them  for  incompe- 
tency, cruelty,  negligence  or  immorality.  They  may  direct  what  branches  shall 
be  taught,  and  may  suspend  or  expel  pupils  found  guilty,  on  full  examination,  of 
refractory  or  incorrigibly  bad  conduct.  No  school  site  sliall  be  purchased,  nor 
shall  a  school  house  be  erected,  located,  purchased  or  changed,  nor  shall  a  tax 
be  levied  to  extend  schools  beyond  six  months,  witliout  the  consent  of  a  majority 
of  the  votes  cast  at  an  election,  the  notice  of  which  shall  state  the  questions 
to  be  decided,  and  shaU  be  given  as  required  in  the  forty-second  section  of 
this  act. 


16  EXAMINATI05f   OF   TEACHERS. 

OF  JUDGMENTS  AND   EXECUTIONS  AGAINST   BOARDS   OF   TRUSTEES   OK  SCHOOL 

DIRECTORS. 

§  49.  If  judgment  shall  be  obtained  against  any  township  board  of  trustees 
or  school  directors,  the  party  entitled  to  the  benefit  of  such  judgment  may  have 
execution  therefor;  as  follows,  to- wit:  it  shall  be  lawful  for  the  court  in  which 
such  judgment  shall  be  obtained,  or  to  which  such  judgment  shall  be  removed, 
by  transcript  or  appeal  from  a  justice  of  the. peace  or  other  court,  to  issue 
thence  a  writ,  conmianding  the  directors,  trustees  and  treasurer  of  such  town- 
ship to  cause  the  amount  thereof,  with  interest  and  costs,  to  be  paid  to  the  party 
entitled  to  the  benefit  of  said  judgment,  out  of  any  moneys,  unappropriated,  of 
said  townships;  or  if  there  be  no  such  moneys,  out  of  the  first  moneys  apphcable 
to  the  payment  of  the  kind  of  services  or  indebtedness  for  which  such  judgment 
shall  be  obtained,  which  shall  be  received  for  the  use  of  such  township;  and  to 
enforce  obedience  to  such  writ  by  attachment,  or  by  mandamus,  requiring  such 
board  to  levy  a  tax  for  the  payment  of  said  judgment;  and  all  legal  process,  ^as 
well  as  writs  to  enforce  payments  of  a  judgment,  shall  be  served  either  on  the" 
president  or  clerk  of  the  board. 

EXAMINATION   AND    QUALIFICATION   OF   TEACHERS. 

§  50.  The  school  commissioner  shall,  either  in  person  or  by  one  or  more 
competent  examiners  whom  he  shall  appoint,  examine  any  person  proposing  to 
teach  a  common  school  in  the  county,  in  orthography,  reading  in  English,  pen-' 
manship,  arithmetic,  English  grammar,  modern  geography,  and  the  history  of 
the  United  States,  and  if  he  or  the}'  shall  be  satisfied  that  such  person  is  of  good 
moral  character,  and  quahfied  to  teach  all  of  the  aforesaid  branches,  he  or  they 
shall  give  such  person  a  certificate,  the  grade  of  which  shall  be  determined  by 
the  relative  merit  of  the  examination  sustained.  School  commissioners  shall 
be  authorized,  by  this  act,  to  issue  three  grades  of  teachers'  certificates,  viz. : 
First  Grade — valid  in  the  county  for  two  years:  Second  Grade — valid  in  the 
county  for  one  year:  Third  Grade — valid  in  a  given  district  only,  for  six  months. 
The  commissioner  may  renew  such  certificate,  at  its  expiration,  by  indorsement 
thei'eon,  and  he  may  revoke  the  same  for  gross  immorality,  incompetency  or 
other  adequate  cause.     Said  certificate  may  be  in  the  following  form: 

^-M « Illinois, 18 — . 

County. 

The  undersigned,  having  examined in  orthography,  reading  in  Knglish,  penman- 
ship, urithmetie,  English  grammar,  modern  geography,  and  the  liistory  of  the  United  States,  and 

being  satisfied  that is  of  good  moral  cliaracter,  Iiereby  certify  that qualificationf  in 

all  the  above  branches  are  such  as  to  entitle  to  this  certificate,  being  of  the Gmape, 

and  valid  in for from  the  date  hereof — renewable  at  the  option  of  the 

school  commissioner,  by  his  endorsement  thereon. 
Given  under hand,  at  the  date  aforesaid.  A.  B.,  School  Commissioner. 

C   D     ) 

^"  p''  >     Examiners. 

Each  school  commissioner  shall  also  keep  a  careful  record,  in  a  book  provided 
for  the  purpose,  of  all  the  candidates  to  whom  he  issues  certificates,  noting  the 
date  of  examination,  the  name,  sex  and  age  of  each  candidate,  and  the  grade  of 
the  certificate  granted — a  transcript  of  which  record  shall  be  included  in  the 
annual  report  to  the  superintendent.  The  state  superintendent  of  pulilic  instruc- 
tion shall  also  be  and  is  hereby  authorized  to  grant  and  issue  state  certificates  of 
eminent  qualifications  as  teachers,  to  such  persons  as  may  be  found  worthy  to 
receive  the  same,  upon  due  examination,  by  himself  or  others  whom  he  shall 
appoint  for  that  piirpose,  and  who  shall  exhibit  satisfactory  evidence  of  practical 
experience  and  success  in  teaching.  Said  state  certificates  shall  supersede  the 
necessity  of  any  and  all  other  examinations,  and  shall  be  of  perpetual  validity 
in  every  county  and  school  district  in  the  state;  and  the  fee  for  each  of  such 
certificates  shall  be  five  dollars.  But  a  state  certificate  may  be  canceled  by  the 
state  superintendent,  upon  proof  of  immoral  or  unprofessional  conduct:  Provided, 
that  each  and  every  school  or  schools,  of  whatever  grade,  established  or  author- 
ized to  be  established  under  the  provisions  of  this  act,  shall  be  a  school  or 
schools  for  the  purpose  of  teaching  various  branches  of  an  English  education; 


DUTIES   OF   TEACHEB&. 


17 


and  no  part  of  the  common  school  fund,  township  fund,  or  of  any  other  school 
fund,  shall  be  paid  out  or  appropriated  for  the  establishing,  conducting,  or  the 
supporting  in  any  manner  of  any  other  character  or  class  of  school  or  schools, 
as  aforesaid  designated:  Provided,  that  nothing  herein  contained  shall  prevent 
the  teaching  a  foreign  language  in  a  common  school,  as  aforesaid. 

§  51.  It  shall  be  the  duty  of  the  school  commissioner  to  fix  upon  the  time 
of  holding  meetings  for  the  examination  of  teachers,  in  sucli  places  in  their 
respective  counties,  as  will,  in  their  opinion,  best  accommodate  the  greatest 
number  of  candidates  for  examination;  notice  of  all  such  meetings  having  been 
published  in  some  newspaper  of  general  circulation;  and  all  teachers  who  do 
not  attend  at  the  appointed  time  for  said  examination,  shall  pay  to  the  school 
commissioner  one  dollar  for  their  certificate. 

TEACHERS — THEIR  DUTIES. 

§  52.  No  teacher  shall  be  entitled  to  any  portion  of  the  common  school  or 
township  fund,  or  other  public  fund,  or  be  employed  to  teach  any  school  under 
the  control  of  any  board  of  directors  of  any  school  district  in  this  state,  who 
shall  not,  before  his  emplojonent,  exhibit  to  said  board,  or  to  a  committee  of 
eaid  board,  a  certificate  of  qualification  obtained  under*  the  provisions  of  this 
act;  nor  shall  any  teacher  be  paid  any  portion  of  the  school  or  public  fund 
aforesaid,  unless  he  shall  have  kept  and  furnished  schedules  as  herein  directed. 

§  53.  Teachers  shall  make  schedules  of  the  names  of  all  scholars  under 
twenty- one  years  of  age,  attending  their  schools,  in  the  form  prescribed  by  this 
act;  and  when  scholars  reside  in  two  or  more  districts,  townships  or  counties, 
separate  schedules  shall  be  kept  for  each  district,  township  or  county,  and  the 
absence  or  presence  of  every  scholar  shall  be  set  down  under  the  proper  date, 
and  opposite  the  name,  on  every  day  that  school  is  open,  and  the  absence  of  a 
scholar  shall  be  signified  by  a  blank — the  presence  by  a  mark.  The  schedule  to 
be  made  and  returned  by  the  teacher  shaU  be,  as  near  as  circumstances  will 
permit,  in  the  following  form,  viz. : 

SCHED  ULE  of  a  common  school  kepi  by  A  S,  at ,  in  disuict  number  ,  in  townthip 

number ,  range  number ,  of  the principal  meridian,  in  the  county  of ,  in  the 

State  of  Illinois. 


Name. 


John  Smith 

Isaac  Meslie. . . . 
Saiah  Danforth. 
Mary  Newman  . 


Names  and  ages  of  scholars  at- 
tending my  school,  and  resi- 
ding in  district  number  — ,  in 
township  —  north,  range 
west,  in  —  county. 


lO 

«> 

t- 

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o 

M 

>. 

<s 

lO 

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t- 

00 

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a 

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a 

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" 

■* 

- 

" 

- 

" 

" 

■* 

- 

•* 

- 

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- 

- 

- 

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S? 

b4 

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■a 

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S^ 

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>. 

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t-> 

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a 

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x! 

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■c 

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■S  ':    C  !    S 

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3 

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El 

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ii' 

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a 

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Eh 

^ 

i^ 

tH 

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- 

1 

1 

- 

1 

1 

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1 

1 

- 

1 

1 

- 

- 

1 

1 

1 

- 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

1 

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1 

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1 

Grand  total  number  of  days 

64 

Kumber  of  Scholars 

Males. 
2 

Females. 
2 

Total. 
4 

«  9 

18  TO^RTN'SHIP   TREASFEEE. 

And  the  said  teacher  shall  add  np  and  set  down  the  whole  number  of  days' 
attendance  of  each  scholar,  and  add  up  said  whole  numbers,  and  make  out  the 
grand  total  number  of  days"  attendance.  He  shall  also  note  the  whole  number 
of  scholars,  giving  the  males  and  females  separately;  the  average  daily  attend- 
ance ;  and  shall  set  tlie  age  of  each  pupil  opposite  the  name  of  said  pupil,  as  in 
the  form  above  prescribed,  and  shall  attach  thereto  his"  certificate,  which  shall 
be  in  the  following  form,  viz. : 

I  certify  that  the  foregoing  schedule  of  scholars  attending  my  school,  as  therein  named,  and 
residing  as  specified  in  said  scliedule,  to  the  best  of  my  knowledge  and  belief,  is  coriect ;  and 
thai  it  was  a  school  for  the  purpose  of  teaching  various  branches  of  an  English  education. 

A  B,  Teacher. 

"When  the  teacher  shall  have  completed  his  or  her  schedule  or  schedules,  as 
above  required,  he  or  she  shall  deUver  it  to  some  one  of  the  directors,  and  it 
shall  be  the  duty  of  said  director,'  in  connection  wirh  one  other  director  of  the 
board,  to  carefully  examine  such  schedule  or  schedules,  and,  after  correcting  all 
errors,  and  if  they  shall  find  such  schedule  to  have  been  kept  according  to 
law.  they  shall  certify  to  the  same,  as  near  as  practicable,  in  the  following 
form,  viz. :  * 

State  of  Illinois,  ) 
County .  )    "• 

We,  the  undersigned,  directors  of ,  in  township  number ,  range  number , 

in  the  county  aforesaid,  certify  that  we  have  examined  the  foregoing  schedule,  and  find  the  same 
to  be  correct,  and  that  the  school  was  conducted  according  to  law.     That  there  is  now  due  said 

C  D,  teacher,  as  per  contract,  the  sum  of  dollars  and  cents,  and  that  the  said 

teacher  has  a  legal  certificate  of  good  moral  chai-acter,  and  of  qualification  to  teach  a  common 
school  (or  of  such  a  gi-ade  as  the  case  may  be). 

Witness  our  hands,  this  — — ^  day  of ,  A.  D.  185—. 

^•^•'  i  Directors. 

"WTiich  schedule  or  schedules,  certified  as  aforesaid  by  at  least  two  directors, 
shall  be  filed  by  said  directors  with  the  township  treasurer  ;  and  until  such 
schedule  and  report,  as  aforesaid,  shall  have  been  filed  as  aforesaid,  it  shall  not 
be  lawful  for  said  treasurer  to  pay  said  teacher,  or  any  two  members  thereof  to 
draw  an  order  in  favor  of  said  teacher. 

§  54.  School  directors  shall  certify  no  schedule  that  reaches  back  to  a  time 
more  than  six  months  from  the  time  fixed  by  law  for  the  regular  return  and 
presentation  of  schedules  to  tlie  school  directors.  Schedules  made  and  certified, 
as  afosesaid.  shall,  at  least  two  days  before  the  first  Monday  in  April  and 
October,  be  dehvered  by  the  directors  to  the  township  treasurer. 

TOWXSmP  TEEASniER — HIS  DUTIES. 

§  55.  The  township  treasurer  appointed  by  the  board  of  trustees,  shall,  before 
entering  upon  his  duties,  execute  a  bond,  with  two  or  more  free  holdei^,  who 
shall  not  be  membei^  of  the  board,  as  securities,  payable  to  the  board  of  the 
towTiship  for  which  he  is  appointed  treasurer,  with  a  sufiBcient  penalty  to  cover 
aU  Uabilities  which  may  be  incurred,  conditioned  faithfully  to  perform  all  the 

duties   of   township   treasiirer,   in  township  ,  range  ,  in  

county,  according  to  law.  The  security  shall  be  approved  by  at  least  a  majority 
of  the  board,  and  shaU  be  delivered  by  one  of  the  trustees  to  the  school  com- 
missioner of  the  proper  cotmty.  And  in  aU  cases  where  such  treasurer  afore- 
said is  to  have  the  custody  of  all  bonds,  mortgages,  moneys  and  effects  denom- 
inated principal,  and  belonging  to  the  township  for  which  he  is  appointed 
treasurer,  the  penalty  of  said  treasurer's  bond  shall  be  twice  the  amount  of 
said  bonds,  notes,  mortgages,  moneys  and  effects.  And  every  township  treasurer 
appointed  subsequent  to  the  first,  as  herein  provided,  shall  execute  a  bond,  with 
security,  as  is  required  of  the  first  treasurer.  The  bond  required  in  this  section 
shall  be  in  the  following  form,  viz. : 


TOWNSHIP   TEEASUEEK. 


19 


STiTB   OF   IlLWOTS,  ) 

County,  f  "• 

Know  all  men  by  theae  presents,  that  we,  A.  B.,  C.  D.  and  E.  F.,  are  held  and  firmly  bound, 

jointly  and  severally,  unto  the  board  of ,  in  said  county,  in  the  penal  sum  of dollars, 

for  the  payment  of  which  we  bind  ourselves,  our  heirs,  executors  and  administrators,  firmly  by 

these  presents.     In  witness  whereof,  we  have  hereunto  set  oui-  hands  and  seals,  this day 

of ,  A.  D.  18—. 

The  condition  of  the  above  obligation  is  such,  that  if  the  above  bounden  A.  B.,  township  treas- 
urer of  township ,  range ,  in  the  county  aforesaid,  shall  faithfully  discharge  all  the 

duties  of  said  office  according  to  the  laws  which  now  are,  or  may  hereafter  be  in  force,  and  shall 
deliver  to  his  successor  in  office  all  moneys,  books,  papers,  securities  and  property  in  his 
hands  as  such  township  treasurer,  then  this  obligation  to  be  void,  otherwise  to  remain  in  full  force 
and  virtue. 

A.  B.  [seal.] 
C.  D.  [seal.] 
E.  F.  [seal.] 
Approved  and  accepted  by 

G.  H.,  I 

I.  J.,    V     Tnutees. 

K.  L.,  j 

§  56.  Every  township  treasurer  shall  provide  himself  ■with  two  well  bound 
books,  the  one  to  be  called  a  cash  book,  the  other  a  loan  book.  He  shall  charge 
himself  in  the  cash  book  with  all  moneys  received,  stating  the  charge,  when, 
from  whom  and  on  what  account  received ;  and  credit  himself  with  all  moneys 
paid  or  loaned,  the  amount  loaned,  the  date  of  the  loan,  the  rate  of  interest,  the 
time  when  payable,  the  name  of  the  securities,  or,  if  real  estate  be  taken,  a 
description  of  the  same.  He  shall  also  enter,  in  separate  accounts,  moneys  re- 
ceived and  moneys  paid  out,  charging  the  first  to  debit  account,  and  crediting 
the  latter  as  follows,  to  wit:  1st.  The  principal  of  the  township  fund,  when 
paid  in  and  when  paid  out.  2d.  The  interest  of  the  township  fund,  when  re- 
ceived and  when  paid  out.  3d.  The  common  school  fimd,  and  other  funds, 
when  received  from  the  school  commissioner,  and  when  paid  out.  4th.  The 
taxes  received  from  the  county  collector,  distinguishing  between  that  for  general 
school  purposes  and  that  levied  for  the  purpose  of  prolonging  schools.  5th. 
Donations  received.  6th.  Moneys  coming  from  aU  other  sources;  and  in  all 
cases  entering  the  date  when  received  and  when  paid  out;  and  he  shall  also 
arrange  and  keep  his  books  and  accounts  in  such  other  manner  as  may  be  directed 
by  the  state  or  county  superintendent,  or  the  board  of  trustees.  He  shall  also 
provide  a  book,  to  be  called  a  journal,  in  which  he  shall  record  fully  and  at 
length  the  acts  and  proceedings  of  the  board,  their  orders,  by-laws  and  resolu- 
tions ;  which  book  shall  be  at  all  times  subject  to  the  inspection  of  said  board, 
or  other  persons  authorized  by  this  act,  or  of  any  committee  appointed  by  the 
inhabitants  of  the  township  to  examine  the  same.  And  he  shall  also  provide  a 
book,  to  be  called  a  record,  in  which  he  shall  enter  a  brief  description  of  all 
notes  or  bonds  belonging  to  the  township,  and  upon  the  opposite  page  he  shall 
note  do^vn  when  paid,  or  any  remarks  to  show  where  or  in  what  condition  it  is, 
as  in  the  following  form,  viz. : 


Makers' 
names. 


AB,  CD,  EF. 


Date  of  note. 


January  1st, 
185-. 


When  due. 


January  let, 
185-. 


Amount. 


Remarks. 


$90  00  January  6,  185-,  handed  to 

I  J,  Esq.,  for  collection  (or 
Jan.  6,  185-,  paid). 


§  57.  The  township  treasurers  shall  loan,  upon  the  following  conditions,  all 
moneys  which  shall  come  to  their  hands  by  virtue  of  their  office,  except  such  as 
may  be  subject  to  distribution.  The  rate  of  interest  shall  be  ten  per  centum  per 
annum,  payable  half  yearly  in  advance.  The  time  for  which  loans  shall  be  made 
shall  be  not  less  than  six  months  nor  more  than  five  vears.     For  all  sums  not 


20  TOWlSrSHIP   TEEASFRER. 

exceeding  one  hundred  dollars,  loaned  for  not  more  than  one  year,  two  respons- 
ible securities  shall  be  given;  for  all  sums  over  one  hundred  dollars  and  for  all 
loans  for  more  than  one  rear,  security  shall  be  given  by  mortgage  on  real  estate, 
unineuinbered,  in  value  double  the  amotmt  loaned,  Avith  a  condition  that  in  case 
additional  security  shall  at  auy  time  be  required,  the  same  shall  be  given  to  the 
satisfaction  of  the  board  of  trustees  for  the  time  being.  Notes,  bonds,  mort- 
gages and  other  securities  taken  for  money  or  other  property,  due  or  to  become 
due  to  the  board  of  trustees  for  the  township,  shall  be  payable  to  the  said  board 
by  their  corporate  name;  and  in  such  name,  suits,  actions  and  complaints,  and 
every  description  of  legal  proceedings,  may  be  had  for  the  recovery  of  money, 
the  breach  of  contracts,  and  for  every  legal  liability  wliich  may  at  any  time 
arise  or  exist,  or  upon  which  a  right  of  action  shall  accrue  to  the  use  of  this 
corporation:  Providtd,  however,  that  notes,  bonds,  mortgages  and  other  securities 
in  which  the  name  of  the  school  commissioner,  or  of  the  trustees  of  schools,  are 
inserted,  shall  be  vaUd  to  aU  intents  and  purposes;  and  suit  shall  be  brought  in 
the  name  of  the  board  of  trustees  as  aforesaid.  The  wife  of  the  mortgager  (if 
he  has  one)  shall  join  in  the  mortgage  given  to  secure  the  payment  of  money 
loaned  by  virtue  of  the  provisions  of  this  act. 

§  58.  Mortgages  to  secure  the  payment  of  money  loaned  imderthe  provisions 
of  this  act  may  be  in  the  following  form,  viz. ; 

I,  A.  B.,  of  the  county  of ,  and  state  of ,  do  hereby  grant,  convey  and  transfer  to 

the  board  of  trustees  of  township  ,  r,an;re ,  in  the  county  of ,  and  Stale  of 

Illinois,  for  the  use  of  the  inliabitants  of  said  township,  the  following  described  re;U  estate,  to 
wit:     vHtre  insert  premises.)     Which  real  estate  I  declare  to  be  in  mortgage  for  the  payment  of 

dollars  loaned  to  me,  and  for  the  payment  of  all  interest  that  may  accrue  thereon,  to  be 

computed  at  the  rate  of per  cent,  per  annum  until  psiid.     And  I  do  hereby  covenant  to 

pay  the  said  sum  of  money  in yeai-s  from  the  date  hereof,  and  to  pay  interest  on  the  same 

at  the  rate  aforesaid  half  yearly  in  a^^ance.  I  further  covenant  that  I  have  a  good  and  valid 
title  to  said  real  estate,  and  that  the  same  is  fi-ee  from  all  incumbrance;  and  that  I  will  pay  all 
taxes  and  assessment*  wliich  may  be  levied  on  said  estate;  and  that  I  will  give  any  additional 
security  that  may  at  any  time  be  required  by  said  board  of  trustees  ;  and  if  said  estate  be  sold 
to  pay  said  debt,  or  any  pai-!  thereof,  or  for  any  fiuliu-e  or  refusal  to  comply  with  or  perform  the 
conditions  or  covenants  herein  contained,  I  will  deliver  immediate  possession  of  the  premises; 
and  in  consideration  of  the  premises,  C,  wife  of  said  A.  B.,  doth  hereby  release  to  the  said  board 
all  her  right  and  title  of  dower,  in  the  afore-gi'anted  premises,  for  the  purposes  aforesaid. 

In  testimony  whereof  we  have  hereunto  set  oui-  hands  and  seals  this dav  of ,  IS — . 

A.  B.,  [seal.] 
C.  D.,  [seal.] 

"VTliich  mortgage  shall  be  acknowledged  and  recorded,  as  is  required  by  law 
for  other  conveyances  of  real  estate,  the  mortgager  paying  the  expenses  of  ac- 
knowledgment and  recording,  and  fifty  cents  as  a  fee  to  the  to\sTiship  treasurer. 

§  59.  Upon  the  breach  of  any  condition  or  stipulation  contained  in  said  mortgage, 
an  action  may  be  maintained  and  damages  recovered  as  upon  other  covenants ;  but 
mortgages  made  in  am-  other  form  to  secure  pavment  as  aforesaid  shall  be  valid 
as  if  no  form  had  been  prescribed.  In  estimating  the  value  of  real  estate  mort- 
gaged to  secure  the  pavment  of  money  loaned  under  the  pro^'isions  of  this  law, 
the  value  of  improvements  liable  to  be  destroyed  shall  not  be  included. 

§  60.  In  all  cases  where  the  board  of  trtistees  shaU  require  additional  security 
for  the  payment  of  money  loaned,  and  such  security  shall  not  be  given,  the 
township  treasurer  shall  cause  suit  to  be  instituted  for  the  recovery  of  the  same, 
and  all  interests  thereon,  to  the  date  of  judgment :  Provided,  that  proof  be  made 
of  the  said  requisition.  In  the  payment  of  debts  by  executors  and  administrators, 
those  due  the  common  school  or  township  fund  shall  have  a  preference  over  all 
other  debts,  except  funeral  and  other  expenses  attending  the  last  sickness,  not 
including  the  physician's  biU.  And  it  shall  be  the  duty  of  the  township  treasurer 
to  attend  at  the  office  of  the  probate  justice  upon  the  proper  day,  as  other 
creditors,  and  have  any  debts  due  as  aforesaid  probated  and  classed,  to  be  paid 
as  aforesaid. 

§  61.  If  defanlt  be  made  upon  the  pavment  of  interest  due  upon  money 
loaned  by  any  school  commissioner  or  township  treasurer,  or  in  the  payment  of 
the  principal,  interest  at  the  rate  of  twelve  per  cent,  per  annum  shall  be  charged 
upon  the  principal  and  interest  from  the  day  of  default,  which  shall  be  included 


SCHOOL    FUNDS.  21 

in  the  assessment  of  damages,  or  in  the  judgment  in  suit  or  action  brought  upon 
the  obhgatiou  to  enforce  payment  thereof;  and  interest  as  aforesaid  may  be 
reco%'ered  in  action  brought  to  recover  interest  only.  And  the  said  townsliip  treas- 
urers are  herebj^  empowered  to  bring  appropriate  actions,  in  the  name  of  the 
board  of  trustees,  for  the  recovery  of  the  half  yearly  interest,  when  due  and 
unpaid,  without  suing  for  the  principal,  in  whatever  form  secured,  and  justices 
of  the  peace  shall  have  jurisdiction  in  such  cases  of  all  sums  imder  one  hnndred 
dollars. 

§  62.     All  suits  brought,  or  actions  instituted  under  the  provisions  of  this  act, 

may  be  brought  in  the  name  of  the  "  Board  of  Trustees  of  township ,  rauge 

,"  except  as  is  provided  for  action  qui  tarn  in  this  act,  or  in  favor  of  school 

commissioners.  The  township  treasurer  shall  demand,  receive  and  safely  keep, 
according  to  law,  all  moneys,  books  and  papers  of  every  description  belonging 
to  his  towLtship.  He  shall  keep  the  township  fund  loaned  at  interest;  and  if  on 
the  first  Monday  of  October  in  any  year  there  shall  be  anj-  interest  or  other  funds 
on  hand  which  shall  not  be  required  for  distribution,  such  amoimt  not  required, 
as  aforesaid,  may.  if  the  board  of  trustees  see  proper,  forever  be  considered  as 
principal  in  the  funds  to  which  it  belongs,  and  loaned  as  such. 

§  63.  On  the  first  Mondays  of  April  and  October,  of  every  year,  the  town- 
ship treasurer  shall  lay  before  the  board  of  trustees  a  statement,  showing  the 
amount  of  interest,  rents,  issues  and  profits  that  have  accrued  or  become  due 
since  their  last  regular  half  j'early  meeting  on  the  township  lands  and  township 
funds,  and  also  the  amount  of  state  and  county  fund  interest  on  hand.  He  shall 
also  lay  before  the  said  trustees  all  books,  notes,  bonds,  mortgages,  and  all  other 
evidence  of  indebtedness  belonging  to  the  township,  for  the  examination  of  the 
trustees,  and  shaU  make  such  other  statement  as  the  board  may  require  touching 
the  duties  of  his  office. 

§  6-1.  Por  any  failure  or  refusal  to  perform  all  the  duties  required  of  townsliip 
treasurer  by  law,  he  shall  be  liable  to  the  board  of  trustees  upon  his  bond,  to 
be  recovered  by  action  of  debt  by  said  board,  in  their  corporate  name,  for  the 
use  of  the  proper  township,  before  any  court  having  jurisdiction  of  the  amoimt 
of  damages  claimed;  but  if  said  treasurer,  in  any  such  failure  or  refusal,  acted 
under  and  in  conformity  to  a  requisition  or  order  of  said  board  or  a  majority  of 
them,  entered  upon  their  journal  and  subscribed  by  their  president  and  clerk, 
then  and  in  that  case  the  members  of  the  said  board  aforesaid,  or  those  of  them 
voting  for  said  requisition  or  order  as  aforesaid,  and  not  the  treasurer,  shall  be 
liable,  jointly  and  severally,  to  the  inhabitants  of  the  township,  to  be  recovered 
by  action  of  assumpsit,  in  the  official  name  of  the  school  commissioner,  for  the 
use  of  the  proper  township. 

§  65.  "When  a  township  treasurer  shall  resign,  or  be  removed,  and  at  the 
expiration  of  this  term  of  oflBce,  he  shall  pa}'  over  to  his  successor  in  ofiice  all 
money  on  hand,  and  deliver  over  all  books,  notes,  bonds,  mortgages,  and  all 
other  securities  for  money,  and  all  papers  and  documents  of  every  description, 
in  which  the  corporation  may  have  any  interest  whatever;  and  incase  of  the 
death  of  the  township  treasurer,  his  securities  and  legal  representatives  shall  be 
bound  to  comply  with  the  requisitions  of  this  section.  And  for  any  failure  to  comply 
■with  the  requisitions  of  this  section,  he  shaU  be  hable  to  a  penalty  of  not  less 
than  ten  nor  more  than  one  hundred  dollars,  at  the  discretion  of  the  court  before 
which  judgment  may  be  obtained;  and  the  obtaining  or  payment  of  said  judg- 
ment shall  in  no  wise  discharge  or  diminish  the  obhgation  of  his  official  bond. 

TOWNSHIP   AND   COIIifTY  SCHOOL  FUNDS. 

§  66.  Ail  bonds,  notes,  mortgages,  and  other  evidences  of  indebtedness, 
moneys  and  effects,  in  the  hands  of  any  school  commissioner,  trustee  of  schools, 
township  treasurer,  or  other  officer,  or  person,  and  belonging  to  any  county  or 
township,  and  which  have  heretofore  accrued,  or  may  liereafter  accrue  from 
the  sale  of  the  sixteenth  section,  or  of  the  common  school  lauds  of  any  town-ship 
or  county,  or  for  the  sale  of  any  real  estate  or  other  property  taken  for  any  debt, 
or  on  any  judgment,  due  to  the  principal  of  any  county  or  township  fund,  and 


22  SCHOOL    FUNDS. 

all  surplus  interest  and  otlier  funds  which  have  been  or  shall  hereafter  be  carried 
to  and  made  part  of  the  principal  of  any  township  or  county  funds,  by  any  law 
which  has  heretofore  been  or  may  hereafter  be  enacted,  in  the  hand  of  any 
county,  township  or  other  officer  or  person,  and  belonging  to  any  county  or 
township,  and  ah  smns  arising  from  the  loaning  or  reloaning  of  the  principal  of 
any  township  or  county  fund,  are  hereby  declared  to  be  and  shall  forever  here- 
after constitute  the  principal  of  the  township  or  county  fund,  to  which  it  may 
respectively  belong,  and  no  part  thereof  shall  ever  be  distributed  or  expended 
for  any  purpose  whatever,  except  the  interest,  rents  and  profits  thereof,  but  shall 
be  loaned  out,  and  held  to  use,  rent  or  profit,  as  herein,  heretofore  or  may 
hereafter  be  provided  by  law. 

§  67.  School  funds  collected  from  taxes  levied  by  the  orders  of  the  directors, 
or  from  the  sale  of  property  belonging  to  any  district  shall  be  paid  out  on  the 
order  of  the  directors;  and  all  moneys  and  school  funds,  hable  to  distribution, 
not  being  principal,  paid  into  the  township  treasury,  or  coming  into  the  hand 
of  the  township  treasurer,  shall  be  paid  out  only  on  the  order  of  the  proper 
board,  signed  by  a  majority  of  the  board,  or  their  president  and  clerk;  and  for 
aU  payments  made,  receipts  shall  be  taken  and  filed ;  and  in  all  such  orders  shall 
be  stated  the  purpose  for  which  or  on  what  account  drawn;  and  all  such  orders 
may  be  in  the  foUowing  form,  to  wit: 

The  treasurer  of  township  number ,  range  number ,  in county,  will  pay  to 

or  bearer, dollars  and  cents,  (on  his  contract  for  repairing  school 

house,  or  otherwise,  as  the  case  may  be).     By  order  of  the  board  of said  township. 

0.  D.,  aerk.  A.  B.,  President. 

Which,  together  with  the  receipt  of  the  person  to  whom  paid,  shall  be  filed 
iu  the  office  of  the  townsliip  treasurer. 

COMMON  SCHOOL  FUNDS. 

§  68.  The  common  school  fund  of  this  state  shall  consist  of  such  sum  as  will 
be  produced  by  the  annual  levy  and  assessment  of  two  miUs  upon  each  dollar's 
valuation  of  all  the  taxable  property  in  the  state;  and  there  is  hereby  levied  and 
assessed,  annually,  in  addition  to  the  revenue  for  state  purposes,  the  said  two 
mills  upon  each  dollar's  valuation  of  all  the  taxable  property  in  tlae  state,  to  be 
coUected  and  paid,  and  the  amount  due  from  the  state,  according  to  a  statement 
and  settlement  of  the  account  between  the  state  andthat  fund,  under  the  provi- 
sions of  an  act,  entitled  "  An  act  to  i^rovide  for  the  distribution  and  application 
of  the  interest  on  the  school,  college  and  seminary  fund,"  approved  on  the 
seventh  of  February,  one  thousand  eight  hundred  and  thirty-five,  and  of  all 
funds  which  have  been  or  may  be  received  by  the  state  from  the  United  States, 
for  the  use  and  support  of  common  schools;  and  also  of  the  money  added  to  the 
common  school  fund,  which  was  received  from  the  United  States  under  an  act 
of  congress  providing  for  the  distribution  of  the  surplus  revenue  of  the  United 
States,  and  which  was  invested  in  bank  stock  by  authority  of  the  state,  and  of 
the  amount  added  to  the  school  fund  under  an  act  requiring  the  three  per  cent, 
fund  to  be  invested  in  state  bonds:  Provided,  that  in  cases  where,  heretofore,  the 
state  taxes  have  not  been  collected  in  any  county,  such  coimty  shall  not  be  en- 
titled to  a  distribution  of  the  college,  seminary  and  school  fund,  for  the  period 
of  time  that  no  such  taxes  have  been  collected,  and  that  the  portion  of  the  fund 
aforesaid  shall  in  such  cases  be  distributed  without  regard  to  such  county. 

§  69.  The  state  shall  pay  an  interest  of  six  per  cent,  per  annum  upon  the 
amount  of  the  aforesaid  common  school  fimds,  except  on  so  much  thereof  as 
may  be  realized  from  the  levy  of  the  tax  directed  to  be  levied  under  the  provi- 
sions of  this  act,  which  shall  be  paid  annually,  and  applied  to  the  support  of 
common  schools,  as  herein  provided.  The  state  shall  also  pay,  as  aforesaid,  and 
at  the  same  time  an  interest  of  six  per  centum  per  annum  upon  the  amount  due 
the  college  and  seminary  fund;  which  interest  shall  be  loaned  to  the  common 
school  fund,  and  known  in  this  law  and  applied  in  all  cases  as  interest  on  the 
common  school  fund  as  aforesaid. 


COMPENSATION   OF   OFFICERS.  23 

§  TO.  On  the  first  Monday  in  January,  in  each  and  every  year  after  taking 
the  census  of  the  state,  the  auditor  of  public  accounts  shall,  under  the  super- 
vision of  the  commissioners  of  the  school  fund  of  the  state,  ascertain  the  number 
of  white  children  in  each  county  in  the  state  under  twenty  years  of  age,  and 
shall  thereupon  make  a  dividend  to  each  county  of  two-thirds  the  sum  from  the 
tax  levied  and  collected  under  the  provisions  of  the  sixty-eighth  section  of  this 
act;  and  the  interest  due  on  the  school,  college  and  seminary  fund,  in  proportion 
to  the  number  of  white  children  in  each  county  under  the  age  aforesaid,  and  of 
the  remaining  one-third,  in  proportion  to  the  number  of  townships  and  parts  of 
townships  in  each  county,  and  issue  his  warrant  to  the  school  commissioner  of 
each  county  upon  the  collector  thereof.  And  upon  presentation  of  said  warrant 
by  the  school  commissioner  to  the  collector  of  his  county,  said  collector  or 
treasurer  shall  pay  over  to  the  school  commissioner  tlie  amount  of  said  warrant 
out  of  the  first  specie  funds  which  may  be  collected  by  him,  and  not  otherwise 
appropriated  by  law,  taking  said  commissioner's  receipt  therefor;  and  on  settle- 
ment with  the  auditor,  said  collector  shall  be  credited  with  the  amount  specified 
in  said  receipt,  in  the  same  manner  as  if  it  had  been  paid  into  the  treasury. 
Dividends  shall  be  made  as  aforesaid,  according  to  the  proportions  ascertained 
to  be  due  to  each  county  annually  thereafter,  until  another  census  shall 
have  been  taken,  and  then  dividends  shall  be  made  and  continued  as  aforesaid, 
according  to  the  last  census :  Provided,  that  if  any  collector  shall  fail  or  refuse 
to  pay,  in  gold  or  silver,  the  amount  of  the  aforesaid  warrant,  or  any  part  thereof, 
by  the  first  day  of  March  annually,  or  so  soon  thereafter  as  it  may  be  presented, 
it  shall  be  competent  for  the  school  commissioner  to  proceed  against  said  col- 
lector and  his  securities,  in  an  action  of  debt,  in  the  county  court;  which  court  is 
hereby  vested  with  full  power  and  authority  to  hear  and  determine  all  such  suits, 
render  judgment  and  issue  execution;  or  said  suit  may  be  brought  in  any  court 
having  jurisdiction;  and  the  said  collector  shall  pay  twelve  per  centum,  to  be 
assessed  as  damages,  upon  the  amount  due,  and  which  shaU  be  included  in  the 
judgment  obtained  against  him. 

COMPENSATION   OP  OFFICERS. 

§  11.  Collectors  of  the  two  mill  tax,  authorized  under  section  sixty-eight  of 
this  act,  shall  only  be  entitled  to  two  per  cent,  on  the  amount  collected  by  them. 
School  commissioners  shall  be  allowed  to  retain  out  of  the  township  funds  of  the 
township  for  which  the  services  may  be  rendered,  three  per  cent,  upon  the 
amount  of  sales  of  school  lands,  and  upon  the  real  estate  taken  for  debt,  for 
their  services  in  making  such  sales,  including  such  other  services  connected 
therewith,  as  are  required  by  the  provisions  of  this  act,  and  two  per  cent,  they 
may  retain  upon  the  amount  of  all  sums  distributed,  paid  or  loaned  out  by  them 
for  the  support  of  schools.  And  for  their  services  in  visiting  schools,  and  the 
other  duties  required  in  the  twentieth  section  of  this  act,  school  commissioners 
shall  be  allowed  to  retain  two  dollars  per  day  for  any  number  of  days  not  ex- 
ceeding one  hundred  in  any  one  year,  which  account  shall  be  certified  and  sworn 
to  by  the  school  commissioner.  County  courts  and  boards  of  supervisors 
are  also  hereby  authorized  to  make  appropriations  out  of  the  county  treas- 
ury to  school  commissioners  for  visiting  schools  and  other  educational  services, 
and  also  for  the  support  of  county  teachers'  institutes,  whenever,  in  their 
judgment,  the  interests  of  the  schools  and  the  public  good  would  thereby  be 
promoted. 

§  12.  Township  treasurers  shall  be  allowed  to  retain  two  per  cent,  upon  all 
sums  paid  out  or  loaned  by  them;  including  moneys  raised  by  virtue  of  any  dis- 
trict tax;  but  they  shall  not  retain  the  said  two  per  cent,  unless  the  money  is 
actually  paid  in  and  reloaned  to  another  person:  And,  provided  also ,  that  county 
treasurers  shall  not  be  entitled  to  any  commissions  upon  school  taxes  collected 
and  paid  over  to  them  by  county  or  township  collectors :  And  it  is  provided  further, 
that  the  board  of  trustees  may  reduce  said  treasurer's  compensation;  and  said 
boards  shall,  and  it  is  hereby  made  their  duty  to  make  a  reasonable  allowance 
to  said  treasurers  for  their  services  performed  as  clerks  of  said  boards,  to  be  paid 


24  LIABILITIES   OF   OPFICERS. 

out  of  the  towaship  funds.  School  commissioners,  trustees  of  schools,  school 
directors,  and  all  other  school  officers,  shall  be  exempted  from  working  on  the 
roads,  serving  on  juries  and  military  duty. 

LIABILITIES    OF    OFFICERS. 

§  13.  If  any  school  commissioner,  trustee  of  schools,  township  treasurer, 
director,  or  any  other  person  entrusted  with  the  care,  control,  management  or 
disposition  of  any  school,  college,  seminary,  or  township  fund  for  the  use  of  any 
county,  township,  district  or  school,  shall  convert  any  such  funds,  or  any  portion 
thereof,  to  his  own  use,  he  shall  be  liable  to  indictment,  and  upon  conviction, 
shall  be  fined  in  not  less  than  double  the  amount  of  money  converted,  and  im- 
prisoned in  the  county  jail  not  less  than  one  nor  more  than  twelve  months  at  the 
discretion  of  the  court. 

§  14.  Trustees  of  schools  shall  be  liable,  jointly  and  severally,  for  the  sufB- 
ciency  of  securities  taicen  from  township  treasurers;  and  in  case  of  judgment 
against  said  treasurers  and  their  securities,  for  or  on  account  of  any  default  of  any 
such  treasurer,  on  which  the  money  shall  not  be  made  for  want  of  sufficient 
property  whereon  to  levy  execution,  actions  on  the  case  may  be  maintained 
against  said  trustees  jointly  or  severally,  and  the  amount  not  collected  on  said 
judgment  shall  bo  recovered  with  costs:  Provided,  that  if  said  trustees  can 
show,  satisfactorily,  that  the  security  taken  from  the  treasurer  as  aforesaid 
was,  at  the  time  of  said  taking,  good  and  sufficient,  they  shall  not  be  hable  as 
aforesaid. 

§  75.  The  real  estate  of  school  commissioners,  of  township  treasurers,  and 
all  other  school  officers,  and  of  the  securities  of  each  of  them,  shall  be  bound 
for  the  satisfaction  and  payment  of  all  claims  and  demands  against  said  commis- 
sioners and  treasurers,  and  other  officers,  as  sucjh,  from  the  date  of  issuing  pro- 
cess against  them,  in  actions  or  suits  brought  to  recover  such  claims  or  demands, 
until  satisfaction  thereof  be  obtained;  and  no  sale  or  alienation  of  real  estate  by 
any  commissioner,  treasurer  or  other  officer,  or  security  aforesaid,  shall  defeat 
the  lien  created  by  this  section,  but  all  and  singular  such  real  estate  held,  owned 
or  claimed  as  aforesaid,  shall  be  liable  to  be  sold  in  satisfaction  of  any  judgment 
which  may  be  obtained  in  such  actions  or  suits. 

§  76.  Trustees  of  schools,  or  either  of  them,  failing  or  refusing  to  make  re- 
turns of  children  in  their  township,  according  to  the  provisions  of  this  act,  or  if 
either  of  them  shall  knowingly  make  a  false  return,  the  partj'  so  oflendiug  shall 
be  liable  to  a  penalty  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars,  to  be  recovered  b}-  an  action  of  assumpsit,  before  any  justice  of  the  peace 
of  the  county;  which  penalty,  when  collected,  shall  be  added  to  the  township 
fund;  and  if  any  school  commissioner,  director,  or  trustee,  or  either  of  them, 
or  other  officer  whose  duty  it  is,  shall  negligently  or  wilfully  fail  or  refuse  to 
make,  furnish  or  communicate  the  statistics  and  information,  or  shall  fail  to  dis- 
charge the  duties  enjoined  upon  them,  or  either  of  them,  at  the  time  and  in  the 
manner  required  by  the  provisions  of  this  act,  such  delinquent  or  party  offending 
shall  be  liable  to  a  fine  of  twenty-five  dollars,  to  be  recovered  before  any  justice 
of  the  peace,  on  information,  in  the  name  of  the  people  of  the  state  of  Illinois, 
and  when  collected  shall  be  paid  to  the  school  commissioner  of  the  proper  county, 
for  the  use  of  schools. 

§  77.  School  commissioners,  trustees  of  schools,  directors  and  town.ship 
treasurers,  or  either  of  them,  and  any  other  officer  having  charge  of  school 
funds  or  property,  shall  be  responsible  for  all  losses  susta'ned  by  any  county, 
township  or  school  fund,  by  reason  of  any  failure  on  his  or  their  part  to  perform 
the  duties  required  of  him  or  them  by  this  act,  or  by  any  rule  or  regulation 
authorized  to  be  made  by  this  act;  and  each  and  every  of  the  officers  aforesaid 
shall  be  liable  for  any  sucli  loss  sustained  as  aforesaid,  and  the  amount  thereof 
may  be  recovered,  in  a  civil  action  before  any  court  having  jurisdiction  tliereof, 
at  the  suit  of  the  state  of  Illinois,  for  the  use  of  the  county,  township  or  fund  in- 
jured ;  and  the^amount,  when  collected,  shall  be  paid  to  the  propet  officer,  for  the 
benefit  of  said  coimty,  township  or  fund  injured. 


COMMON   SCHOOL    LANDS.  25 

COSTS,  teniTre  op  officers  and  contracts  under  former  laws. 

§  78.  No  justice  of  the  peace,  probate  justice,  constable,  clerk  of  any  court, 
or  sheriff,  sliaU  cliarge  any  costs  in  any  suit  where  any  agent  of  any  school  fund, 
suing  for  tlie  recovery  of  tlie  same,  or  any  interest  due  thereon,  is  plaintiff",  and 
shall  be,  from  any  cause,  unsuccessful  in  such  suit.  School  commissioners  ap- 
pointed heretofore  shall  continue  in  office  until  superseded,  according  to  the  pro- 
visions of  tliis  act,  and  their  duties,  responsibilities  and  powers  shall  be  governed 
by  the  provisions  herein  named.  Trustees  of  school  lands  heretofore  appointed, 
and  trustees  of  schools  heretofore  elected,  shall  also  continue  to  discharge  the 
duties  of  their  office  until  trustees  of  schools  are  elected  under  the  provisions 
of  this  act.  Townships  heretofore  incorporated  shall,  without  any  further  action 
or  proceeding,  be  considered  as  incorporated  under  the  provisions  of  this  act, 
and  the  trustees  and  other  officers  shall  continue  to  discharge  their  duties  till 
suspended  by  appointment  or  election  under  this  law;  and  all  school  directors 
and  officers  heretofore  appointed  shall  continue  in  office  until  superseded  by  the 
election,  as  provided  in  this  act,  and  shall  be  governed  by  the  provisions  of  the 
laws  heretofore  in  force,  unless  otherwise  directed  by  this  act.  Leases  of  school 
lands  shall  remain  valid,  and  be  executed  according  to  the  laws  under  which, 
they  were  made.  Common  school  lands,  valued  and  ofl'ered  for  sale  and  remain- 
ing unsold,  shall  be  sold  upon  terms  prescribed  by  this  act.  All  taxes  levied 
and  contracts  made  under  the  laws  hereby  repealed,  shall  remain  valid,  and  all 
rights,  remedies,  defenses  and  causes  of  action  existing,  or  which  may  hereafter 
exist  or  arise,  under  or  by  virtue  of  said  repealed  laws,  shall  continue  and  remain 
valid,  and  shall  be  enforced,  notwithstanding  the  repeal  of  said  laws,  unless 
canceled  according  to  the  provisions  of  this  act. 

of  cities  and  incorporated  towns. 

§  79.  This  act  shall  not  be  so  construed  as  to  repeal  or  change,  in  any  respect, 
any  special  acts  in  relation  to  schools  in  cities  or  incorporated  towns,  except  that 
it  shall  be  the  duty  of  the  several  boards  of  education  or  other  officers  of  any 
city  or  incorporated  town,  having  in  charge  schools  under  the  provisions  of  any 
of  the  said  special  acts,  or  of  any  ordinance  of  any  city  or  incorporated  town, 
on  or  before  the  second  Monday  of  October  preceding  each  regular  session  of 
the  general  assembly  of  this  state,  or  annually,  if  required  so  to  do  by  the  state 
superintendent,  to  make  out  and  render  a  statement  of  all  such  statistics  and 
other  information  in  regard  to  schools,  and  the  enumeration  of  children  or  white 
persons,  as  required  to  be  communicated  by  township  boards  of  trustees  or 
directors  under  the  provisions  of  this  act,  or  so  much  thereof  as  may  be  appli- 
cable to  said  city  or  incorporated  town,  to  the  school  commissioner  of  the  county 
where  such  city  or  incorporated  town  is  situated,  or  of  the  county  in  which  the 
larger  part  of  said  city  or  town  is  situated;  nor  shall  it  be  lawful  for  the  county 
school  commissioner  or  any  other  officer  or  person  to  pay  over  any  portion  of 
the  common  school  fund  to  any  .local  treasurer,  school  agent,  clerk,  board  of 
education  or  other  officer  or  person  of  any  township,  city  or  incorporated  town, 
unless  a  report  of  the  number  of  children  or  white  persons,  and  other  statistics 
relative  to  schools,  and  a  statement  of  such  other  information  as  are  required 
of  the  boards  of  trustees  or  directors,  as  aforesaid,  and  of  other  school  officers 
and  teachers  under  the  provisions  of  this  act,  shall  have  been  filed  at  the  time 
or  times  aforesaid,  specified  in  this  section,  with  the  school  commissioner  of  the 
proper  county,  as  aforesaid. 

§  80.  In  townships  in  which  there  shall  be  persons  of  color,  the  board  of 
trustees  shall  allow  such  persons  a  portion  of  the  school  fund  equal  to  the  amount 
of  taxes  collected  for  school  purposes  from  such  persons  of  color  in  their  respect- 
ive townships. 

common  school  lands. 

§  81.  Section  number  sixteen  in  every  township  granted  to  the  state  by  the 
United  States  for  the  use  of  schools,  and  such  sections  and  parts  of  sections  as 


26  COMMON    SCHOOL   LANDS. 

have  been  or  may  be  granted  as  aforesaid,  in  lieu  of  all  or  part  of  section 
number  sixteen,  and  also  the  lands  which  have  been  or  may  be  selected 
and  granted  as  aforesaid,  for  the  use  of  schools,  to  the  inhabitants  of  fractional 
townsliips  in  which  tliere  is  no  section  number  sixteen,  or  whicli  such  section 
shall  not  contain  the  proper  proportion  for  the  use  of  schools  in  such  fractional 
townships,  shall  be  held  as  common  school  lands;  and  the  provisions  of  this 
act  referring  to  common  school  lands  shall  be  deemed  to  apply  to  the  lands 
aforesaid. 

§  82.  All  the  business  of  such  townships,  so  far  as  relates  to  common  school 
lands,  shall  transacted  in  that  county  which  contains  all  or  a  greater  portion  of 
said  lands.  If  any  person  shall,  without  being  didy  authorized,  cut,  feU,  bos, 
bore,  destroy  or  carry  away  any  tree,  saphng  or  log  standing  or  being  upon  any 
school  lands,  such  person  shall  forfeit  and  pay  for  every  tree,  sapling  or  log  so 
felled,  boxed,  bored,  destroyed  or  carried  away,  the  sum  of  eight  dollars; 
which  penalty  shall  be  recovered,  with  costs  of  suit,  by  an  action  of  debt  or 
assumpsit,  before  any  justice  of  the  peace  having  jurisdiction  of  the  amount 
claimed,  or  in  the  county  or  circuit  court,  either  in  the  corporate  name  of  the 
board  of  trustees  of  the  township  to  which  the  land  belongs,  or  by  action  of 
gui  tarn,  in  the  name  of  any  person  who  will  first  sue  for  the  same — one-half  for 
the  use  of  the  person  suing,  the  other  half  to  the  use  of  the  township  aforesaid. 
"When  two  or  more  persons  shall  be  concerned  in  the  same  trespass,  they  shall 
be  jointly  and  severally  liable  for  the  penalty  herein  imposed.  Every  trespasser 
upon  common  school  lands  shall  be  liable  to  indictment,  and,  upon  conviction, 
fined  in  three  times  the  amount  of  the  injury  occasioned  by  said  trespass,  and 
shaU  stand  committed  as  in  other  cases  of  misdemeanor.  All  penalties  and  fines 
collected  under  the  provisions  of  this  section  shall  be  paid  to  the  township 
treasurer,  and  be  added  to  the  principal  of  the  township  fund;  and  all  other 
fines,  penalties  and  forfeitures  imposed  or  incurred  in  any  of  the  circuit  courts 
of  this  state,  or  collected  by  justices  of  the  peace  or  other  county  officers,  ex- 
cept fines  collected  in  incorporated  towns  or  cities  for  the  violation  of  the  by- 
laws or  ordinances  of  said  towns  or  cities,  shall  be  paid  to  the  school  commis- 
sioner of  the  county  where  such  fines,  penalties  and  forfeitures  have  been 
collected,  and  the  same  shall  be  distributed  by  said  commissioner  in  the  same 
manner  as  the  common  school  funds  of  the  state  are  distributed;  and  if  any 
county  officer  or  justice  of  the  peace  aforesaid  shall  fail  or  refuse  to  pay  as 
aforesaid,  after  collection,  such  officer  or  justice  of  the  peace,  so  failing  or 
refusing  to  pay  as  aforesaid,  shall  forfeit  and  pay  double  the  amount  of  such  fine, 
penalty  or  forfeiture  as  aforesaid,  collected  by  him,  to  be  recovered  before  any 
com-t  having  jurisdiction,  in  a  civil  action,  at  the  suit  of  the  school  commissioner. 

SALE   OF  COMMON  SCHOOL  LANBS. 

§  83.  "When  the  inhabitants  of  any  township  or  fractional  township  shall 
desire  the  sale  of  the  common  school  land  of  the  township  or  fractional  town- 
ship, they  shall  present  a  petition  to  the  school  commissioner  of  the  county  in 
which  the  school  lands  of  the  township,  or  tlie  greater  part  tliereof,  lie,  for  the 
sale  thereof ;  whicli  petition  shall  be  signed  by  at  least  two-thirds  of  the  white 
male  inhabitants  of  the  township  or  fractional  township,  of  and  over  twenty-one 
years  of  age.  The  signing  of  the  petition  must  be  in  the  presence  of  two 
citizens  of  the  township,  after  the  true  meaning  thereof  shall  have  been  ex- 
plained; and  when  signed,  an  affidavit  shall  be  affixed  thereto  by  the  two 
citizens,  proving  the  signing  in  the  manner  aforesaid,  and  stating  the  number  of 
white  male  inhabitants  in  the  township  or  fractional  township,  of  and  over 
twenty-one  years  of  age;  and  said  petition,  so  proved,  shall  be  delivered  to  the 
school  commissioner  for  his  action  thereon:  Provided,  that  no  whole  section 
shall  be  sold  in  any  township  containing  less  than  two  hundred  inhabitants;  and 
common  school  lands  in  fractional  townships  may  be  sold  when  the  number  of 
inhabitants  and  number  of  acres  are  in  the  ratio  of  two  himdred  to  six  hundred 
and  forty,  but  not  before. 


COMMON   SCHOOL   LANDS.  27 

§  84.  "When  the  petition  and  affidavits  are  delivered  to  the  school  commis- 
sioner as  aforesaid,  he  shall  notify  the  trustees  of  said  township  thereof,  and  said 
trustees  shall  immediately  proceed  to  divide  the  land  into  tracts  or  lots  of  such 
form  and  quantity  as  will  produce  the  largest  amount  of  money,  and  after 
makiiic;  such  division,  a  correct  plat  of  the  same  shall  be  made,  representing  all 
divisions,  with  each  lot  numbered  and  defined,  so  that  its  boundaries  may  be 
forever  ascertained.  Said  trustees  shall  theu  fix  a  value  on  each  lot,  having 
regard  to  the  terms  of  sale,  certify  to  the  correctness  of  the  plat,  stating  the 
value  of  each  lot  per  acre,  or  per  lot  if  less  than  one  acre,  and  referring  to  and 
describing  the  lot  in  the  certificate,  so  as  fully  and  clearly  to  distinguish  and 
identify  each  lot;  which  plats  and  certificate  shall  be  delivered  to  the  school 
commissioner,  and  shall  govern  him  in  advertising  and  selling  said  lands. 

§  85.  In  subdividing  common  school  lands  for  sale,  no  lot  shall  contain  more 
than  eighty  acres,  and  the  division  may  be  made  into  town  or  village  lots,  with 
roads,  streets  or  alleys  between  them  and  through  the  same;  and  all  such 
divisions,  with  all  similar  divisions  hereafter  made,  are  hereby  declared  legal, 
and  all  such  roads,  streets  and  alleys,  public  highways. 

§  86.  The  terms  of  selling  common  school  lands  shall  be  to  the  highest 
bidder,  for  cash,  with  the  privilege  to  each  purchaser  of  borrowing  from  the 
school  commissioner  the  amount  of  his  bid  for  any  period  not  less  than  one  or 
more  than  five  years,  upon  his  paying  interest  and  giving  security,  as  in  case  of 
money  loaned  by  township  treasurer,  as  provided  in  this  act. 

§  87.  The  place  of  selling  common  school  lands  shall  be  at  the  court  house 
of  the  county  in  which  the  lands  are  situated;  or  the  trustees  of  schools  may 
direct  the  sale  to  be  made  on  the  premises;  and  upon  the  reception  by  the  school 
commissioner  of  the  plat  and  certificate  of  valuation  from  the  trustees,  he  shall 
proceed  to  advertise  the  said  land  for  sale,  in  lots,  as  divided  and  laid  ofl:'  by 
said  trustees,  by  posting  notices  thereof  in  at  least  six  public  places  in  the  county 
forty  days  next  anterior  to  the  day  of  sale,  describing  the  land,  and  stating  the 
time,  terms  and  place  of  sale;  and  if  any  newspaper  is  published  in  said  county, 
said  advertisement  shall  be  printed  therein  for  four  weeks  before  the  day  of 
sale — if  none,  then  it  shall  be  sold  under  the  notice  aforesaid. 

§  88.  Upon  the  day  appointed,  the  school  commissioner  shall  proceed  to  make 
sales  as  follows,  viz. :  He  shall  begin  at  the  lowest  number  of  lots  and  proceed 
regularly  to  the  highest,  till  all  are  sold  or  oflered.  No  lot  shall  be  sold  for  less 
than  its  valuation  by  the  trustees.  Sales  shall  be  made  between  the  hours  of 
ten  o'  clock,  A.  M. ,  and  six  o'  clock,  p.  M. ,  and  may  continue  from  day  to  day. 
The  lots  shall  be  cried  separately,  and  each  lot  cried  long  enough  to  enable  any 
one  present  to  bid  who  desires  it. 

§  89.  Upon  closing  the  sales  each  day,  the  purchasers  shall  each  pay  or  se- 
cure the  payment  of  the  purchase  money,  according  to  the  terms  of  sale;  or  in 
case  of  his  failure  to  do  so  by  ten  o'clock  the  succeeding  day,  the  lot  purchased 
shall  be  again  offered  at  public  sale,  on  the  same  terms  as  before,  and  if  the  val- 
uation or  more  shall  be  bid,  shall  be  stricken  oft' ;  but  if  the  valuation  be  not 
bid,  the  lot  shall  be  set  down  as  not  sold.  If  the  sale  is  or  is  not  made,  the 
former  purchaser  shall  be  required  to  pay  the  difference  between  his  bid  and  the 
valuation  of  the  lot;  and  in  case  of  his  failing  to  make  such  payment,  the  school 
commissioner  may  forthwith  institute  an  action  of  debt  or  assumpsit,  in  his 
name,  as  commissioner,  for  the  use  of  the  inliabitauts  of  the  township  where 
the  land  lies,  for  the  required  sum;  and  upon  making  proof,  shall  be  entitled  to 
judgment,  with  costs  of  suit;  which,  when  collected,  shall  be  added  to  the 
principal  of  the  township  fund.  And  if  the  amount  claimed  does  not  exceed  one 
hundred  dollars,  the  suit  may  be  instituted  before  a  justice  of  the  peace;  but  if 
more  than  that  sum,  then  in  the  circuit  court  of  any  county  wherein  the  party 
may  be  found. 

§  90.  All  lands  not  sold  at  public  sale,  as  herein  provided  for,  shall  be  subject 
to  sale  at  any  time  thereafter,  at  the  valuation;  and  school  commissioners  are 
authorized  and  required,  when  in  their  power,  to  sell  all  such  lands  at  private 
sale,  upon  the  terms  at  which  they  are  offered  at  public  sale. 


28  COMMON   SCHOOL   LANDS. 

§  91.  In  all  cases  where  common  school  lands  have  been  heretofore  valued, 
and  have  remained  unsold  for  two  .years,  after  having  been  offered  for  sale,  or 
shall  hereafter  remain  unsold  for  that  length  of  time,  after  being  valued  and 
offered  for  sale  in  conformity  to  this  act,  the  trustees  of  schools  where  such 
lands  are  situated  may  vacate  the  valuation  thereof,  by  an  order  to  be  entered 
in  book  A  of  the  school  commissioner,  aud  cause  a  new  valuation  to  be  made, 
if  in  their  opinion  the  interests  of  the  town  will  be  promoted  thereby.  They 
shall  make  said  second  valuation  in  the  same  manner  as  the  first  was  made,  and 
shall  deliver  to  the  school  conuuissioner  a  plat  of  such  second  valuation,  with 
the  order  of  vacation,  to  be  entered  as  aforesaid;  whereupon  said  school  com- 
missioner shall  proceed  in  selling  said  lands  in  all  respects  as  if  no  former  valua- 
tion had  been  made :  Provided,  that  the  second  valuation  may  be  made  by  the 
trustees  of  schools,  without  petition  as  provided  in  this  act. 

§  92.  Upon  the  completion  of  every  sale  by  the  purchaser,  the  school  com- 
missioner shaU  enter  the  same  on  book  B,  and  shall  deliver  to  the  purchaser  a 
certificate  of  purchase,  stating  therein  the  name  and  residence  of  the  purchaser, 
describing  the  land  and  the  price  paid  therefor ;  which  certificate  shall  be  evi- 
dence of  the  facts  therein  stated. 

§  93.  At  the  first  regular  term  of  the  county  court  in  each  year,  the  school 
commissioner  shall  present  to  the  court  of  his  county — first,  a  statement  showing 
the  sales  of  school  lands  made  subsequent  to  the  first  regular  term  of  the  pre- 
vious year,  which  shall  be  a  true  copy  of  the  sale  book  (book  E);  second, 
statements  of  the  amount  of  monej^  received,  paid,  loaned  out  and  on  hand,  be- 
longing to  each  township  or  fund  under  his  control — the  statement  of  each  fund 
to  be  separate;  third,  statements  copied  from  his  loan  book  (book  C),  showing 
all  the  facts  in  regard  to  loans  which  are  required  to  be  stated  upon  the  loan 
book;  all  of  which  the  county  court  shall  thereupon  examine  and  compare  with 
the  vouchers,  and  the  said  county  court,  or  so  manj'  of  them  as  may  be  present 
at  the  term  of  the  court,  shall  bo  liable  individually  to  the  fund  injured,  and  to 
the  securities  of  said  school  commissioners,  in  case  judgment  be  recovered  of 
said  securities,  for  all  damages  occasioned  by  a  neglect  of  the  duties,  or  any 
of  them,  required  of  them  by  this  section:  Provided,  nothing  herein  contained 
shall  be  construed  to  exempt  the  securities  of  said  school  commissioner  from 'any 
liability  as  such  securities,  but  they  shall  still  be  liable  to  the  fund  injured  the 
same  as  if  the  county  commissioners  were  not  liable. 

§  94.  The  school  commissioner  .shall  also,  at  the  time  aforesaid,  transmit  to 
the  auditor  of  public  accounts  a  full  and  exact  transcript  from  book  B  of  all  the 
sales  made  subsequent  to  each  report.  The  statement  required  to  be  presented 
to  the  county  court  shall  be  preserved  and  copied  by  the  clerk  of  said  court  into 
a  well  bound  book,  kept  for  that  purpose;  and  the  list  transmitted  to  the  auditor 
shall  be  filed,  copied  and  preserved  in  like  manner. 

§  95.  Every  purchaser  of  common  school  land  shall  be  entitled  to  a  patent 
from  the  state,  conveying  and  assuring  the  title.  Patents  shall  be  made  out  by 
the  auditor  from  returns  made  to  him  by  the  school  commissioner.  They  shall 
contain  a  description  of  the  land  granted;  and  shall  be  in  the  name  of  and 
signed  by  the  governor,  countersigned  by  the  auditor,  with  the  great  seal  of  the 
state  affixed  thereto  by  the  secretary  of  state,  and  shall  operate  to  vest  in  the 
purchaser  a  perfect  title  in  fee  simple.  When  patents  are  executed  as  herein 
required,  the  auditor  shall  note  on  the  list  of  sales  the  date  of  each  patent,  in 
such  manner  as  to  perpetuate  the  evidence  of  its  date  and  delivery,  and  there- 
upon trunsmit  the  same  to  the  school  commissioner  of  the  proper  county,  to  be 
by  him  delivered  to  the  patentee,  his  heirs  or  assigns,  iipon  the  return  of  the 
original  certificate  of  purchase;  which  certificate,  when  returned,  shall  be  filed 
and  preserved  by  the  school  commissioner. 

§  96.  Purchasers  of  common  school  lands,  and  their  heirs  and  assigns,  may 
obtain  duplicate  copies  o'f  their  certificates  of  purchase  and  of  patents,  upon 
filing  affidavit  with  the  school  commissioner  in  respect  to  certificates,  and  with 
the  auditor  in  respect  to  patents,  proving  the  loss  or  destruction  of  the  originals, 
and  such  copies  shall  have  all  the  force  and  effect  of  the  originals. 


NOEMAL   UNIVERSITY.  29 

ACTS  REPEALED — PUBLICATION  AND   DISTRIBUTION   OF  THE  ACT. 

§  97.  Aa  act  entitled  "  An  act  to  establish  and  maintain  common  schools," 
approved  Febrnary  12th,  1849,  and  an  act  to  amend  said  act,  approved  February 
I'Jth,  1851,  and  an  act  entitled  "  An  act  to  increase  the  school  fund,"  approved 
February  10th,  1853,  and  all  other  acts  and  parts  of  acts  coming  in  contlict  with 
the  provisions  of  this  act,  are  hereby  repealed.  This  act  to  be  in  force  from 
and  after  its  passage. 

§  98.  The  public  printer  is  hereby  required  to  print  fifty  thousand  copies  of 
the  whole 'act,  as  amended,  under  the  direction  of  the  superintendent  of  public 
instruction,  and  to  be  distributed  by  him  to  the  several  counties  of  the  state,  ac- 
cording to  population. 

Approyed  February  22,  18G1. 


AN  ACT  for  the  establishment  and  maintenance  of  a  Normal  University, 

Section  1 .  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  represented  in  the 
General  Assembly^  That  0.  B.  Denio,  of  Jo  Daviess  county,  Simeon  Wright,  of 
Lee  county,  Daniel  Wilkins,  of  McLean  county,  0.  E.  Hovey,  of  Peoria  county, 
George  B.  Rex,  of  Pike  county,  Samuel  W.  Moultou,  of  Shelby  county,  John 
GiUespie,  of  Jasper  county,  George  Bunsen,  of  St.  Clair  county,  Wesley  Sloan, 
of  Pope  county,  Ninian  W.  Edwards,  of  Sangamon  county,  John  Eden,  of 
Moultrie  county,  Flavel  Mosely,  of  Cook  county,  William  H.  Wells,  of  Cook 
county,  Albert  R.  Shannon,  of  White  county,  and  the  superintendent  of  public 
instruction,  ex  officio,  with  their  associates,  who  shall  be  elected  as  herein  pro- 
vided, and  their  successors,  are  hereby  created  a  body  corporate  and  politic,  to 
be  styled  "  The  Board  of  Education  of  the  State  of  Illinois,"  and  by  that  name 
and  style  shall  have  perpetual  succession,  and  have  power  to  contract  and  be 
contracted  with;  to  sue  and  be  sued,  to  plead  and  be  impleaded,  to  acquire,  hold 
and  convey  real  and  personal  property,  to  have  and  use  a  common  seal,  and  to 
alter  the  same  at  pleasure;  to  make  and  establish  by-laws  and  alter  or  repeal 
the  same  as  they  shall  deem  necessary  for  the  government  of  the  Normal  Uni- 
versity hereby  authorized  to  be  established,  or  any  of  its  departments,  officers, 
students  or  employees,  not  in  conflict  with  the  constitution  and  laws  of  this 
state,  or  of  the  United  States;  and  to  have  and  exercise  all  powers,  and  be  sub- 
ject to  all  duties  usual  and  incident  to  trustees  of  corporations. 

§  2.  The  superintendent  of  public  instruction,  by  virtue  of  his  office,  shall 
be  a  member  and  secretary  of  said  board,  and  shall  report  to  the  legislature  at 
its  regular  sessions  the  condition  and  expenditures  of  said  Normal  University, 
and  communicate  such  further  information  as  the  said  board  of  education  or  the 
legislature  may  direct. 

§  3.  No  member  of  the  board  of  education  shall  receive  any  compensation 
for  attendance  on  the  meetings  of  the  board,  excejjt  his  necessarj^  traveling  ex- 
penses; which  shall  be  paid  in  the  same  manner  as  the  instructors  employed  in 
the  said  Normal  University  shall  be  paid.  At  all  the  stated  and  other  meetings 
of  the  board,  called  bj'-  the  president  or  secretary,  or  any  five  members  of  the 
board,  five  members  shall  constitute  a  quorum,  provided  all  shall  have  been  duly 
notified. 

§  4.  The  objects  of  the  said  Normal  University  shall  be  to  qualify  teachers 
for  the  common  schools  of  this  State,  by  imparting  instruction  in  the  art  of  teach- 
ing, in  all  branches  of  study  which  pertain  to  a  common  school  education,  in  the 
elements  of  the  natural  sciences,  including  agricultural  chemistry,  animal  and 
'  vegetable  physiology,  in  the  fundamental  laws  of  the  United  States  and  of  the 


30  KOEMAL   U^TIVEESITT. 

State  of  Illinois  in  regard  to  the  rights  and  duties  of  citizens,  and  such  other 
studies  as  the  board  of  education  may  from  time  to  time  prescribe. 

§  6.  The  board  of  education  shall  hold  its  first  meeting  at  the  ofBce  of  the 
superintendent  of  public  instruction,  on  the  first  Tuesday  in  May  next,  at  which 
meeting  they  shall  appoint  an  agent,  fixing  his  compensation,  who  shall  visit  the 
cities,  villages  and  other  places  in  the  State,  which  may  be  deemed  eligible  for 
the  purpose,  to  receive  donations  and  proposals  for  the  establishment  and  main- 
tenance of  the  Normal  University.  The  board  shall  have  power,  and  it  shall  be 
their  duty,  to  fix  the  permanent  location  of  said  Normal  University  at  the  place 
■where  the  most  favorable  inducements  are  offered  for  that  purpose  :  Provided, 
that  such  location  shaU  not  be  difficult  of  access,  or  detrimental  to  the  welfare 
and  prosperity  of  said  Normal  University. 

§  6.  The  board  of  education  shall  appoint  a  principal,  lecturer  on  scientific 
subjects,  instructors  and  instructresses,  together  with  such  officers  as  shaU  be 
required  in  the  said  Normal  University,  fix  their  respective  salaries  and  prescribe 
their  several  duties.  They  shall  also  have  power  to  remove  any  of  them  for 
proper  cause,  after  having  given  ten  days'  notice  of  any  charge  which  may  be 
duly  presented  and  reasonable  opportunity  of  defense.  They  shall  also  prescribe 
the  text  books,  apparatus  and  furniture  to  be  used  in  the  University,  and  provide 
the  same;  and  shall  make  all  regulations  necessary  for  its  management.  And 
the  board  shall  have  power  to  recognize  auxiliary  institutions,  when  deemed 
practicable:  Provided,  that  such  auxiliary  institutions  shall  not  receive  any 
appropriation  from  the  treasury,  or  the  seminary  or  university  fund. 

§  1.  Each  county  within  the  State  shall  be  entitled  to  gratuitous  instruction 
for  one  pupil  in  said  Normal  University;  and  each  representative  district  shall 
be  entitled  to  gratuitous  instruction  for  a  number  of  pupils  equal  to  the  number 
of  representatives  in  said  district,  to  be  chosen  in  the  following  manner:  The 
school  commissioner  in  each  county  shall  receive  and  register  the  names  of  all 
applicants  for  admission  in  said  Normal  University,  and  shall  present  the  same 
to  the  county  court,  or,  in  counties  acting  imder  township  organization,  to  the 
board  of  supervisors,  as  the  case  may  be;  shah,  together  with  the  school  com- 
missioner, examine  all  applicants  so  presented  in  such  manner  as  the  board  of 
education  may  direct,  and  from  the  number  of  such  as  shall  be  found  to  possess 
the  requisite  qualifications,  such  pupils  shall  be  selected  by  lot;  and  in  represent- 
ative districts  composed  of  more  than  one  county,  the  school  commissioner  and 
county  judge,  or  the  school  commissioner  and  chairman  of  the  board  of  super- 
visors, in  counties  acting  under  township  organization,  as  the  case  may  be,  of 
the  several  counties  composing  such  representative  district,  shall  meet  at  the 
clerk's  office  of  the  county  court  of  the  oldest  county,  and  from  the  applicants 
so  presented  to  the  county  court,  or  board  of  supervisors,  of  the  several  coun- 
ties represented  and  found  to  possess  the  requisite  quahfications,  shall  select  by 
lot  the  number  of  pupils  to  which  said  district  is  entitled.  The  board  of  educa- 
tion shall  have  discretionary  power,  if  any  candidate  does  not  sign  and  file  with 
the  secretary  of  the  board  a  declaration  that  he  or  she  will  teach  in  the  public 
schools  within  the  State,  in  case  that  engagements  can  be  secured  by  reasonable 
efforts,  to  require  such  candidate  to  provide  for  the  payment  of  such  fees  for 
tuition  as  the  board  may  prescribe. 

§  8.  The  interest  of  the  university  and  seminary  fund,  or  such  part  thereof 
as  may  be  found  necessary,  shall  be  and  is  hereby  appropriated  for  the  mainte- 
nance of  said  Normal  University,  and  shall  be  paid  on  the  order  of  the  board 
of  education  from  the  treasury  of  the  state;  but  in  no  case  shall  any  part  of  the 
interest  of  said  fund  be  applied  to  the  purchase  of  sites,  or  for  buildings  for  said 
University. 

§  9.  The  board  shall  have  power  to  appropriate  the  one  thousand  dollars 
received  from  the  Messrs.  Merriams,  of  Springfield,  Massachusetts,  by  the  late 
superintendent,  to  the  purchase  of  apparatus  for  the  use  of  the  Normal  Univer- 
sity, when  established;  and  hereafter,  all  gifts,  grants  and  demises  whicli  may 
be  made  to  the  said  Normal  University  shall  be  applied  in  accordance  with  the 
wishes  of  the  donors  of  the  same. 


NORMAL   UNIVEKSITT.  81 

§  10.  The  board  of  corporators  herein  named  and  their  snccessors  shall  each 
of  them  hold  their  office  for  the  term  of  six  years :  Provided,  that  at  the  first 
meeting  of  said  board,  the  said  corporators  shall  determine,  by  lot,  so  that  one- 
third  shall  hold  their  office  for  two  years,  one-third  for  four  years  and  one-third 
for  six  3'ears.  The  governor,  by  and  with  tlie  advice  and  consent  of  the  senate, 
shall  fill  all  vacancies  which  shall  at  any  time  occur  in  said  board,  by  appoint- 
ment of  suitable  persons  to  fill  the  same. 

§  11.  At  the  first  meeting  of  the  board,  and  at  each  biennial  meeting  there- 
after, it  shall  be  the  duty  of  said  board  to  elect  one  of  their  number  president, 
who  shall  serve  until  the  next  biennial  meeting  of  the  board  and  until  his  suc- 
cessor is  elected. 

§  12.  At  each  biennial  meeting  it  shall  be  the  duty  of  the  board  to  appoint  a 
treasurer,  who  shall  not  be  a  member  of  the  board,  and  who  shall  give  l)ond,  with 
such  security  as  the  board  may  direct,  conditioned  for  the  faithful  discharge 
of  the  duties  of  his  office. 

§  13.  Tills  act  shall  take  effect  on  and  after  its  passage,  and  be  published  and 
distributed  as  an  appendix  to  the  school  law. 

Approved  February  18,  1851. 


MANUAL  OE  IISTRUCTIOI. 


STATE  DEPAKTI^IENT  OF  PUBLIC  SCHOOLS. 


MANUAL  OF  INSTRUCTION. 


Paet  I. — Election,  Duties  and  Powers  of  Officees,  A2n) 
Rights  and  Duties  of  Teacheks. 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

election. 

The  Superintendent  of  Public  Instruction  is  elected  biennially, 
and  is  entitled  to  hold  his  office  for  two  years,  and  until  his  suc- 
cessor is  duly  elected  and  qualified.  The  first  election  for  Super- 
intendent of  Public  Instruction  was  held  on  Tuesday,  November 
4th,  1856.  The  office  was  created  by  an  Act  of  the  Legislature, 
approved  February  18th,  1854,  which  provided  in  Section  2,  that 
"  immediately  after  the  passage  of  this  Act,  and  its  approval  by 
the  Governor,  it  shall  be  the  duty  of  the  Governor  to  appoint 
some  suitable  and  competent  person,  who  at  the  time  of  his  ap- 
pointment shall  be  a  citizen  of  this  State,  to  act  as  Superintendent 
of  Public  Instruction,  who  shall  hold  his  office  until  the  election 
of  Superintendent,  as  provided  for  by  the  first  section  of  this 
Act."  The  first  section  of  the  Act  provided  as  foUows :  "  That 
at  the  general  election,  to  be  held  on  the  Tuesday  after  the  first 
Monday  of  November,  A.D.  1855,  and  biennially  thereafter,  there 
shall  be  elected  a  Superintendent  of  Public  Instruction,  who  shall 
hold  the  office  for  two  years,  and  until  his  successor  is  duly  elected 
and  qualified."  In  pursuance  of  the  provisions  of  Section  2  of 
the  Act  quoted  from,  Ninian  W.  Edwards  was  appointed  State 
Superintendent  on  the  24th  day  of  March,  1854,  and  continued  in 


36  STJPEKINTENDENT. 

office  until  relieved  by  his  successor,  who  was  elected  in  Novem- 
ber, 1856,  the  Legislature  of  1855  having  extended  the  term  of 
Mr.  Edwards'  incumbency,  by  providing  that  the  first  election  for 
State  Sui^erintendent  should  be  held  in  November,  1856,  instead 
of  November,  1855,  as  was  first  ordered,  by  the  Act  of  1854. 
Since  the  fall  of  1856,  elections  have  been  regularly  held,  at  the 
time  and  in  the  manner  provided  for  by  the  law  creating  the 
Office,  jjassed  February  18th,  1854. 

It  seems  to  have  been  the  original  intention  of  the  Legislature, 
as  appears  from  the  Act  of  1854,  to  provide  for  the  holdmg  of 
the  election  for  Superintendent  of  Public  Instruction  at  the  same 
time  that  elections  are  held  for  School  Commissioners.  In  that 
case,  the  election  for  State  Suj^erintendent  would  have  occurred 
during  the  interval  between  the  regular  State  elections,  and  the 
Office  would  thus  have  been  removed  from  the  political  excite- 
ments and  strifes  which  are  attendant  upon  general  elections. 
There  are  many  reasons  for  preferring  the  policy  first  contem- 
plated by  the  Legislature,  and  had  it  been  perpetuated,  our  educa- 
tional interests  would  have  been  less  liable  to  suffer  by  contact 
with  political  influences  than  at  present.  It  is  to  be  regretted  that 
the  Legislative  action  of  1854  upon  the  subject  referred  to  was 
re-considered  and  changed,  and  that  the  Office  of  Public  Instruc- 
tion was  so  unnecessarily  subjected,  by  the  new  law  of  1855,  to 
those  disturbing  and  warping  influences  which  accompany  high 
political  excitements.  It  may  be  true,  indeed,  that  so  long  as  the 
Office  remains  elective,  it  will  be  impossible  to  separate  it  entirely 
from  partisan  influences,  yet  it  is  true,  also,  that  those  influences, 
if  not  removed,  may  be  controlled,  and  held  in  check.  The  law 
of  1854  erected  a  barrier  aroimd  the  Office  which,  if  it  did  not 
turn  back  the  waves  of  j)olitical  excitement  and  passion,  at  least 
checked  their  violence.  The  law  of  1855  removed  that  barrier, 
and  left  the  office  at  the  mercy  of  the  sweeping  torrent.  An 
enactment  which  would  separate  the  educational  elections  of  the 
State  from  the  unfriendly  excitements  which  attend  our  presiden- 
tial and  gubernatorial  canvasses,  would  be  hailed  with  j^leasure 
by  every  true  friend  of  Common  Schools. 

Before  entering  upon  the  duties  of  his  office,  the  State  Superin- 
tendent is  required  [Sec.  2]  "  to  take  and  subscribe  the  usual  oath 
of  office,  and  to  execute  a  bond  in  the  penalty  of  $25,000,  payable 
to  the  State  of  Illinois,  with  sureties  to  be  approved  by  the  Gov- 


SUPERINTENDENT.  37 

ernor,  conditioned  for  tlie  prompt  discharge  of  his  duties,  and  for 
the  f:uthful  application  and  disposition,  according  to  law,  of  all 
school  moneys  that  may  come  into  his  hands  by  virtue  of  hig 
office."  Under  our  present  School  Law,  it  is  impossible  that  any 
school  moneys  can  come  into  the  hands  of  the  State  Superin- 
tendent, and  so  the  State  becomes  surety  for  the  sureties,  that 
they  shall  not  suffer  loss  by  the  misapplication  of  school  moneys 
by  the  State  S)iperintendent,  just  as  the  sureties  become  surety 
for  the  State,  that  it  shall  not  suffer  loss  on  the  same  account.  A 
very  mutual  precaution ! 

DUTIES   AND   POWERS. 

The  Duties  and  powers  of  the  State  Superintendent  are  implied 
in  the  official  title  by  which  he  is  designated.  He  is  placed  over 
the  Common  Schools  as  General  Superintendent,  to  represent  in 
his  own  person,  the  jealous  care  and  guardianship  of  the  State 
over  this  most  vital  of  our  j)ublic  interests.  He  is  required  to 
supervise,  direct,  and  encourage  the  labors  of  all  subordinate  and 
local  officers  by  whom  the  Common  School  system  is  administered 
— to  arrange  and  prepare  suitable  forms  of  procedure  for  the 
correct  and  expeditious  transaction  of  all  school  business — to 
seek  after  full  and  detailed  information  upon  all  subjects  affecting 
the  wants,  condition,  or  prospects  of  the  public  schools — to  ar- 
range and  systematize  the  general  facts  collected  by  him,  and  to 
submit  them  in  the  embodied  form  of  an  official  Report  to  the 
Legislature  and  the  people — to  study  carefully  and  acquaint  him- 
self thoroughly  with  the  School  system,  observing  closely  its 
practical  workings,  noting  its  defects,  and  devising  and  suggest- 
ing plans  for  improvement — to  explain  and  interpret  the  meaning 
of  the  School  Law — to  examine  and  adjudge  differences  and  dis- 
putes, as  they  may  arise  between  parties  whose  interests  become 
involved  by  the  operation  of  the  Law,  and  whose  cases  are  ap- 
pealed to  him  for  final  decision — to  travel  throughout  the  State, 
awakening  public  attention  to  the  importance  of  education,  and 
especially  to  the  importance  o^  free  school  education,  impressing 
upon  our  communities  the  necessity  of  imited  and  earnest  action 
for  the  encouragement  and  support  of  Common  Schools,  by  public 
lectures  and  personal  visitations  in  the  various  districts  and  coun- 
ties of  the  State,  disseminating  information  among  the  people,  and 
quickening  the  zeal  of  those  who  are  responsibly  or  officially  iden- 


A  /I  •••"  '^^  '^>Vh 


88  SUPEEINTENDENT. 

tified  with  the  interests  of  education — and  to  use  the  wide-sj^read 
infliience  Avhich  the  advantage  of  his  position  gives  him  to  secure 
a  real  and  healthy  j^rogress  in  all  that  relates  to  the  educational 
and  moral  improvement  of  the  people. 

The  State  Superintendent  is  invested  with  jjower  and  authority 
[Sec.  8]  to  "  make  such  rules  and  regulations  as  he  may  thmk 
necessary  and  expedient  to  carry  into  full  eifect  the  pro^^sions  of  this 
[the  Free  School]  Act."  Under  this  authority,  the  Superintendent 
may  devise  any  measures,  not  inconsistent  with  the  School  Law,  for 
the  improvement  and  perfecting  of  the  system  which  he  is  admin- 
istering, whether  snch.  measures  relate  to  School  officers,  teachers, 
or  pupils.  Such  measures,  when  proposed  hy  the  Supei'mtendent, 
have  all  the  force  of  law,  and  cannot  be  resisted,  without  involv- 
ing penalties. 

The  State  Superintendent  is  also  sjjecially  invested  with  the 
authority  and  power  [Sec.  9]  to  direct  and  cause  the  School  Com- 
missioner of  any  county.  Directors  or  Board  of  Trustees  or  town- 
ship Treasurer  of  any  township,  or  other  school  officer,  to  with- 
hold from  any  officer,  or  township,  or  teacher,  any  part  of  the 
common  school,  or  township,  or  other  school  fund,  until  such 
officer,  township,  or  teacher,  shall  have  complied  with  all  the  pro- 
visions of  this  Act  relating  to  his,  her  or  their  duties,  and  such 
rules  and  regulations  as  the  State  Superintendent  may  prescribe, 
not  consistent  with  this  Act ;  and  the  State  Supermtendent  may 
forbid  the  papnent  of  any  part  of  the  common  school,  township, 
county,  or  other  school  fmid,  to  any  district  in  which  the  school 
or  schools  have  not  been  kept  according  to  law,  or  in  which  no 
school  has  been  kept  for  six  months  during  the  year  next  preced- 
ing the  demand  for  papnent." 

It  is  held  that  imder  the  last  clause  of  this  Section,  the  Super- 
intendent may  exercise  the  authority  to  order  the  payment  of  such 
part  of  the  public  fund  as  may  be  just,  in  cases  where  the  non- 
comphance  with  law  was  rendered  impossible  by  uncontrollable 
circumstances.  The  power  here  conferred  is  discretionary.  A 
sound  discretion  may  require  in  some  cases  official  interposition 
for  the  relief  of  a  district,  when  such  district  has  literally  failed 
to  comply  with  the  six  months'  condition,  as,  for  example,  when  a 
school  house  is  burned  down  before  the  school  term  is  completed, 
or  when  a  school  is  broken  up  for  weeks  together  by  high  waters, 
as  is  sometimes  the  case  in  districts  situated  in  the  low  river  bot- 


COMMISSIONERS.  39 

toms.  In  such  and  kindred  cases,  the  Department  has  interposed 
for  the  relief  of  the  suffering  district,  and  has  ordered  the  pay- 
ment of  the  distributive  fund  to  such  district,  in  just  proportion, 
although  the  six  months'  rule  had  not  been  literally  complied  "with. 

It  is  made  the  duty  of  the  State  Sujjerintendent  [Sec,  8]  "  to 
explain  and  interpret  and  determine  to  aU  School  Commissioners, 
Directors,  township  and  other  School  officers,  the  true  intent  and 
meaning  of  this  Act,"  &c.  Opinions  and  answers  given  by  the 
State  Superintendent  under  this  Section  are  based  on  the  state- 
ment of  facts  made  by  the  party  applying  for  such  opinion  or 
decision,  presuming  that  the  statement  is  made  true  and  full.  If 
found  to  be  otherwise,  the  right  is  always  reserved  to  modify  the 
opinion  to  suit  the  real  facts.  In  such  cases,  it  is  always  inconve- 
nient, and  often  quite  impracticable,  for  want  of  time,  to  institute  a 
tedious  investigation  of  the  facts,  and  the  statement  submitted 
win  therefore  be  taken  as  true,  until  shown  to  be  otherwise. 

Section  10  relates  exclusively  to  the  compensation  of  the  Super- 
intendent, and  to  the  contingent  expenses  of  the  State  Depart- 
ment. 

The  State  Superintendent  is  authorized  to  issue  State  Diplomas 
to  Teachers  [Sec.  50]  who  shall  be  found  worthy,  in  point  of  good 
character  and  scholarship.  This  honor  is  only  conferred  upon 
the  eminently  qualified,  and  after  careful  and  thorough  examina- 
tion. The  State  Diploma  is  of  perpetual  validity,  and  entitles  the 
holder  to  teach  in  any  county  in  the  State  without  obtaining  a 
local  license  from  the  County  Commissioner.  Application  for  the 
Diploma  may  be  made  at  any  time  to  the  State  Department  at 
Springfield.  The  Law  provides  farther,  that  "  a  State  certificate 
may  be  cancelled  by  the  State  Superintendent,  upon  proof  of 
immoral  or  unprofessional  conduct." 

Such  are,  in  brief,  the  duties  and  powers  of  the  Superintendent 
of  Public  Instruction. 


40  COMMISSIONEES. 


SCHOOL  COIVOIISSIOKERS. 

ELECTION. 

School  Commissioners  are  elected  biennially,  the  election  oc- 
curring every  two  years,  on  the  Tuesday  after  the  first  Monday 
in  November.  The  elections  for  School  Commissioners  and  State 
Superintendent  are  separated,  and  occur  in  alternate  years.  In 
case  the  office  of  School  Commissioner  is  vacated  by  death,  resig- 
nation, or  otherwise,  the  vacancy  so  occurring  is  to  be  filled  by 

the  appointment  of  a  successor,  said  apj)okitment  being  made 

* 

[Sec.  13]  by  the  County  Court  or  Board  of  Supervisors.  The 
School  Commissioner  may  be  removed  for  cause,  [Sec.  13]  in 
"which  case  the  vacancy  is  to  be  fiUed  by  appoiatment. 

DUTIES  AND   POWEES. 

School  Commissioners  are  required,  [Sec.  11]  before  entering 
upon  their  ofiicial  duties,  to  take  the  usual  oath  of  office,  and  to 
execute  a  bond  for  the  faithful  performance  of  their  duties,  for 
$12,000,  subscribed  by  two  or  more  responsible  freeholders  as 
secm'ity,  to  be  approved  by  the  County  Court  or  Board  of  Super- 
visors, and  filed  in  the  oflice  of  the  County  Clerk.  The  sum 
specified  in  the  bond  may  be  increased  at  the  option  of  the  Court 
or  Board.     The  fonn  of  the  bond  is  given  in  Section  12. 

In  treating  of  the  duties  and  powers  of  School  Commissioners, 
I  shall  consider  those  officers  in  their  relations  to  The  State — The 
Cotmty — The  Schools.  By  this  classification  of  subjects,  the 
duties  and  powers  of  Commissioners  can  be  wholly  reviewed  and 
explained.  Of  the  relations  of  these  officers,  I  will  first  consider 
those  which  pertain  to 

The  State. — 1.  Annual  Iiej)orts. — It  is  made  the  duty  of  the 
School  Commissioner  [Sec.  1*7]  to  forward  to  the  Department  of 
Public  Instruction  a  Report  of  all  such  information  and  statistics 
concerning  Schools  in  his  coimty  as  the  State  Superintendent  is 
required  to  embody  in  his  Biennial  Report  to  the  Governor  and 


COMMISSIONERS.  41 

Legislature.  This  Report  of  the  Commissioner  is  required,  by 
order  of  the  Department,  to  be  made  annually,  and  is  due  at  the 
Office  of  Public  Instruction  on^the  15th  of  November  of  each 
year.  Much  care  is  necessary  in  the  j^reparation  of  the  Report 
of  the  Commissioner,  and  promptness  should  be  observed  in  for- 
warding the  Report  to  the  State  Office.  Tardiness  or  neglect  of 
duty  in  this  respect  will  seriously  perplex  and  hinder  the  State 
Superintendent  in  the  compilation  of  his  own  Report.  No  Com- 
missioner should  withhold  his  Report  from  the  Department  after 
the  10th  of  November.  If  the  Commissioner  is  delayed,  or  likely 
to  be  delayed,  in  the  preparation  of  his  Report,  by  the  unfaith- 
fulness of  one  or  more  of  the  township  Treasurers,  he  should 
immediately  employ  a  comp£tent  person  in  each  township  [Sec.  21] 
"  to  take  the  enumeration,  and  furnish  said  statistical  statement, 
as  far  as  practicable."  The  person  or  persons  so  employed  shall 
have  free  access  to  the  books,  papers, and  memoranda  of  the  town- 
ship Treasurer,  and  that  officer  is  instructed,  in  the  Section  referred 
to,  to  permit  the  use  and  examination  of  such  books  and  papers 
by  the  person  so  employed  by  the  Commissioner.  Compensation 
may  be  allowed  to  the  person  performing  the  service  by  appoint- 
ment of  the  Commissioner,  and  the  amount  so  allowed  may  be 
paid  by  the  Commissioner  out  of  any  school  funds  which  are  or 
may  come  into  his  hands,  "  apportioned  as  the  share  of  or  be- 
longing to  the  said  [delinquent]  townshij)." 

Commissioners  should  be  careful  to  return,  in  their  annual 
Reports,  intelligent  and  precise  answers  to  all  the  questions  pro- 
posed by  the  Department.  The  information  sought  for  in  these 
questions  must  be  communicated  mainly  in  a  statistical  form,  and 
statistics  are  only  valuable  when  they  are  reliable.  Figures  are 
the  most  valuable  and  most  emphatic  exponents  of  facts,  when 
right  figures  are  used  in  the  H^A^  pZaces,  but  if  otherwise,  they 
but  express  a  lie,  and  deceive.  A  little  careful  thought  bestowed 
upon  the  subjects  to  be  reported  upon  will  make  them  clear  to 
the  comprehension  of  the  Commissioner;  but,  if  not,  let  inore 
thought  be  devoted  to  the  work,  and  if  still  unable  to  understand 
the  object  sought  by  the  questions  proposed,  let  him  seek  instruc- 
tion of  some  one  qualified  to  explain  the  meaning  of  whatever  is 
dark  and  uncomprehended.  Application  maybe  made  to  the  De- 
partment (if  time  will  suffice)  and  information  will  be  cheerfully 
given. 


42  COMiriSSIOXEES. 

In  addition  to  the  statistical  Report  of  the  state  of  schools  in 
the  county,  it  is  expected  of  each  Commissioner  thsit  he  Trill  for- 
ward at  the  same  time  a  tcrltten  Report,  communicating  a  brief 
historical  simimary  of  his  official  policy  as  embodied  in  actions 
and  plans  for  the  improvement  of  schools  in  his  coimty — an  ac- 
count of  the  condition  of  schools  and  school  houses — a  statement 
of  the  result  of  his  experience  and  observations  with  reference  to 
the  workings  of  the  school  system,  with  suggestions  for  the 
amendment  of  the  system — a  report  of  the  manner  in  which 
subordinate  officers  in  the  townships  and  districts  have  attended 
to  their  duties,  and  of  the  deportment  and  professional  efficiency 
of  the  Teachers  in  the  county.  There  are  many  facts  relating  to 
the  subjects  indicated  which  is  it  not  in  the  power  of  figures  to 
express,  and  which  need  to  be  ^nitten  out,  in  order  to  be  under- 
stood and  appreciated.  Such  facts,  when  communicated  and 
enforced  by  fit  and  seasonable  words,  are  always  valuable,  and 
sometimes  influential  in  shapiug  the  policy  of  the  Department  and 
giving  success  to  its  administration. 

2.  Apportionment  of  State  and  County  Fiinch. — The  School 
Commissioner  is  required  by  the  State  to  receive  and  apportion 
to  the  several  townships  in  his  jm-isdiction  the  State  and  County 
Fund  for  the  support  of  Common  Schools  in  the  County.  The 
conditions  upon  which  this  apportionment  is  to  be  made  by  the 
School  Commissioner  {Sec.  16]  are  as  follows  :  "  One-third  of  said 
amount  [to  be  divided,  shall  be  apportioned]  to  the  several  town- 
ships and  parts  of  townships  in  his  coimty,  in  proportion  to  the 
number  of  acres  in  said  townships  and  parts  of  townships,  and 
the  remaining  two-thirds  to  the  several  townships  and  fractional 
townships  in  his  county,  according  to  the  niimber  of  white  chil- 
dren, imder  twenty-one  years  of  age,  returned  to  him,  in  which 
townships  or  parts  of  townships  schools  have  been  kept  in  accord- 
ance with  the  provisions  of  this  act,  and  with  the  instructions  of 
the  State  and  County  Superintendents,  and  shall  pay  over  the 
distributive  share  belonging  to  each  township  and  fractional 
township,  as  aforesaid,  to  the  respective  township  Treasurers,  or 
other  authoi-ized  persons,  annually."  The  Commissioner,  under 
this  Law,  is  authorized  to  apportion  the  State  and  County  Funds 
to  such  townships  and  fractional  townships  as  have  kept  a  school  or 
schools  in  operation  for  a  term  of  six  months  during  the  school  year 
next  preceding  such  apportionment,  and  to  such  townships  only. 


COMMISSIONERS.  43 

Townships  in  which  no  school  has  been  kept  according  to  the  pro- 
visions of  the  School  Law,  are  not  entitled  to  share  in  any  wise 
in  the  apportionment. 

If.  a  township  lies  in  two  counties,  there  being  one  or  more 
school  districts  in  the  township  in  which  schools  have  been  kept 
according  to  law,  which  districts  are  situated  on  each  side  of  the 
dividing  [county]  line,  the  township  is  entitled  to  share  in  the 
apportionments  made  by  Commissioners  of  both  counties.  If 
there  has  been  no  school  in  that  part  of  the  township  lying  in  one 
county,  and  in  that  part  of  the  township  lying  in  the  other  county 
tliere  have  been  schools  kept  accoi-ding  to  law,  then  the  Treasurer 
of  the  township  is  entitled  to  funds  from  the  Commissioner  of  the 
latter  county,  but  he  is  7iot  entitled  to  any  funds  from  the  Com- 
missioner of  thQ  former  county. 

In  cases  of  townships  entitled  to  share  in  the  apportionment, 
where  no  enumeration  of  white  children  under  twenty-one  years 
of  age  has  been  made  for  the  previous  year,  the  Commissioner 
should  take,  as  the  basis  for  distribution,  the  latest  official  enume- 
ration of  children  under  twenty-one,  on  file  in  his  office. 

It  sometimes  occurs  that  township  Treasurers  fail  to  execute 
the  bond  required  by  the  School  Law,  and  on  account  of  such 
failures,  very  considerable  amounts  of  school  money  have  been 
irrecoverably  lost  by  being  passed  into  the  hands  of  irresponsible 
and  unqualified  men.  Township  Trustees  should  see  to  it  that 
Treasurers  whom  they  appoint  promptly  comply  with  tbe  Law,  in 
this  respect.  The  School  Commissioner  should  firmly  and  per- 
emptorily withhold  the  State  and  County  Fund  from  a  Treasurer 
who  has  not  executed  and  filed  his  bond,  as  required  by  the  School 
Law  \_Sec.  55,  15.]  Immediately  after  the  election  of  Trustees, 
it  is  the  first  duty  of  the  Board  to  organize  \_Sec.  32]  by  appoint- 
ing one  of  their  number  President,  and  a  competent  person  (not 
a  member  of  the  Board)  Treasurer.  This  duty  of  appointing  a 
Treasurer  is  necessary,  whether  new  men  are  elected  Trustees,  or 
the  former  Trustees  are  re-elected.  This  is  obvious  from  the  fact 
that  a  Treasurer  holds  his  office  by  appointment  of  the  Trustees, 
and  the  tenure  of  his  office  cannot,  of  course,  extend  beyond  the 
time  for  which  the  trustees  were  elected.  Hence  the  duty  of  the 
Trustees  (whether  elected  for  the  first  time,  or  re-elected,)  to  ap- 
point (or  re-appoint)  a  Treasurer,  at  their  first  meeting  after  the 
election.     The  Treasurer  so  appointed  will  be  required  to  execute 


44  COMMISSIONERS. 

a  new  bond,  and  for  the  performance  of  this  duty  that  officer 
should  be  held  to  a  strict  accountability  by  the  School  Commis- 
sioner. 

3.  Sale  of  State  School  Lands. — By  an  Act  of  Congress,  ap- 
proved April  18th,  1818,  the  sixteenth  section  of  every  township 
in  this  State  (or  if  such  section  had  been  sold  or  otherwise  dis- 
posed of,  "  other  land  equivalent  thereto,  and  as  contiguous  as 
may  be,")  was  granted  to  the  State,  "  for  the  use  of  the  inhabit- 
ants of  such  townships,  for  the  use  of  schools."  The  grants  of 
land  so  made  by  Congress  to  the  townships  were  to  be  made 
available  for  school  purposes  by  the  sale  of  the  lands  at  such 
times  and  in  such  quantities  as  might  be  deemed  expedient  by 
the  inhabitants  of  the  townships  respectively  \^Sec.  83,]  the  condi- 
tions of  the  sale  being  specified  in  the  School  Law  \_Sec.  84 — 96.] 
In  the^rs^  sale  of  these  granted  lands,  the  School  Commissioner 
acts  as  the  agent  of  the  State,  in  which  the  title  is  vested  prior 
to  such  first  sale,  and  from  which  the  title  is  first  conveyed  to  the 
purchase  or  purchasers,  through  the  School  Commissioner  \^Sec. 
92,  95.]  After  such^^rs^  sale  has  been  effected,  according  to  law, 
and  the  title  of  the  State  has  been  alienated  and  vested  in  other 
parties,  the  agency  of  the  Commissioner  ceases,  the  State  needing 
such  agency  no  longer. 

Upon  receiving  a  petition,  praying  for  the  sale  of  Common 
School  lands,  signed  by  two-thirds  of  the  white  adult  male  in- 
habitants of  any  township  in  the  county,  said  petition  being  ac- 
companied with  the  affidavit  of  two  citizens  of  said  township,  it 
is  the  duty  of  the  School  Commissioner  to  notify  the  Trustees  of 
the  township  aforesaid  that  such  petition  has  been  received  and 
filed.  When  the  necessary  arrangements  for  selling  the  lands 
have  been  perfected  by  the  Trustees  \_Sec.  84-85,]  and  the  plats 
and  certificates  of  valuation  have  been  delivered  to  the  Commis- 
sioner,  he  will  proceed  to  advertise  the  said  lands  for  sale  in  lots 
[Sec.  87,]  "  as  divided  and  laid  off  by  said  Trustees,  by  posting 
notices  thereof  in  at  least  six  public  places  in  the  county,  forty 
days  next  anterior  to  the  day  of  sale,  describing  the  land,  and 
stating  the  time,  terms  and  place  of  sale ;  and  if  any  newspaper 
is  published  in  said  county,  said  advertisement  shall  be  printed 
therein  for  four  weeks  before  the  day  of  sale — if  none,  then  it 
shall  be  sold  under  the  notice  aforesaid."  On  the  day  appointed 
the  Commissioner  shall  proceed  to  sell  the  lands  advertised,  to 


COMMISSIONERS.  46 

the  highest  bidder,  the  law  providing  \^/Sec,  88]  that  no  lot  or  tract 
of  land  shall  be  sold  for  less  than  its  valuation  as  appraised  by  the 
Trustees.  The  place  of  selling  shall  be  [See.  87]  at  the  court  house 
of  the  county,  or  on  the  premises.  The  proceeds  of  the  sales  of  the 
sixteenth  section  shall  constitute  the  permanent  school  fund  of 
the  township  for  whose  benefit  the  sales  are  made.  If  the  pur- 
chaser avails  himself  of  the  privilege  of  borrowing  "  the  amount 
of  his  bid"  [Sec.  86,]  the  Commissioner  will  secure  the  payment  of 
the  amount  by  requiring  the  borrower  to  execute  notes  and  mort- 
gage. In  cases  where  the  lands  (or  any  part  of  them)  offered  are 
not  sold  at  public  sale,  the  School  Commissioner  is  authorized 
[Sec.  90]  to  sell  them  at  private  sale.  As  compensation  for  selling 
State  School  lauds,  the  Commissioner  is  entitled  [Sec.  71]  to  three 
per  cent,  of  the  amount  realized  from  sales  made  by  him.  The  ex- 
penses of  advertising  are  to  be  paid  by  the  Commissioner  out 
of  the  three  per  cent,  commission  just  mentioned. 

I  will  next  consider  the  relations  of  the  School  Commissioner 
to 

The  County. — 1.  Official  Records. — The  School  Commis- 
sioner is  required  by  the  Law  [Sec.  14,]  to  "  pi'ovide  three  well 
bound  books,  to  be  known  and  designated  by  the  letters  A,  B,  C, 
for  the  following  purposes  :  In  book  A.  he  shall  record  at  length 
all  petitions  presented  to  him  for  the  sale  of  Common  School 
lands,  and  the  plats  and  certificates  of  valuation  made  by  or 
under  the  direction  of  the  Trustees  of  schools,  and  the  affidavits 
in  relation  to  the  same.  In  book  B.  he  shall  keep  an  account  of 
all  sales  of  Common  School  lands  ;  which  account  shall  contain 
the  date  of  sale,  name  of  purchaser,  description  of  lands  sold, 
ajid  the  sum  sold  for.  In  book  C.  he  shall  keep  a  regular 
account  of  all  moneys  received  for  lands  sold,  or  other- 
wise, and  loaned  or  paid  out ;  the  person  of  whom  received, 
and  on  what  account,  and  showing  whether  it  is  principal 
or  interest ;  the  person  to  whom  loaned,  the  time  for  which  the 
loan  was  made,  the  rate  of  interest,  the  names  of  the  securities 
when  personal  security  is  taken,  or  if  real  estate  is  taken  as  secu- 
rity, a  description  of  said  real  estate,  and  if  paid  out,  to  whom, 
when,  and  on  what  account,  and  the  amount  paid  out ;  the  list  of 
sales,  and  the  accounts  of  each  township  fund  to  be  kept  separate. 
Said  books  shall  be  paid  for  out  of  the  county  treasury  of  the  coun- 
ties in  which  they  are  used."     It  is  of  the  utmost  importance  that 


46  COMMISSIONERS. 

the  duties  required  of  the  Commissioner  in  the  law  -quoted,  be 
strictly  and  faithfully  attended  to.  There  is  reason  to  believe 
that  the  duties  prescribed  in  this  Section  are  in  some  cases  grossly 
neglected.  I  have  recently  been  informed  by  a  newly-elected 
Commissioner,  that  on  entering  upon  the  duties  of  his  office,  he 
was  unable  to  find  anything  in  the  shape  of  a  Record,  from  the 
time  of  the  organization  of  the  County  until  the  present.  The 
ex-officer  had  removed  into  another  State,  and  unless  he  had 
taken  all  the  Records  from  the  beginning  with  him,  the  presump- 
tion is,  that  the  affairs  of  the  County,  as  far  as  school  business  is 
concerned,  have  been  handed  down  by  tradition  from  one  official 
generation  to  another.  Another  Commissioner  (now  out  of  office) 
kept  his  records  in  a  private  memorandum  book,  carried  in  the 
pocket.  It  is  of  the  first  importance  that  our  official  County 
School  Records  should  be  kept  in  a  neat,  careful  and  legal  man- 
ner. Negligence  here  will  have  a  sad  effect  upon  the  interests  of 
education,  and  will  sooner  or  later  involve  the  affairs  of  the  Com- 
missioner's office  in  inextricable  confusion  and  difficulty.  A 
retirins:  Commissioner  should  deliver  over  to  his  successor  \SeG. 
18]  the  Records  of  the  office,  together  with  all  moneys  and 
property  belonging  thereto. 

2.  County  Reports. — It  is  made  the  duty  of  the  Commissioner 
\Sec.  93]  to  present  to  the  County  Court  or  Board  of  Supervisors, 
at  the  first  regular  term  of  that  body  in  each  year,  a  Rep  »rt  of 
his  official  acts  relating  to  the  business  of  his  office.  He  is  also 
required  \Sec.  94]  to  transmit  to  the  Auditor  of  Public  Accounts 
each  year,  "  an  exact  transcript  fiom  book  B.  of  all  the  sales 
made  subsequent  to  each  report."  The  annual  Report  made  by 
the  Commissioner  to  the  County  Court  or  Board,  should  also 
contain  a  general  account  of  his  doings  as  Superintendent  of 
schools  in  the  county— a  report  of  the  number,  condition  and 
prospects  of  the  schools— a  statement  of  the  number,  kind  and 
condition  of  school-houses— with  all  other  facts  relating  to  the 
state  and  progress  of  Common  School  interests  in  the  county. 
The  presentation  of  the  Report  should  be  accompanied  with 
a  request  to  the  Court  or  Board  to  authorize  its  publication 
in  pamphlet  form,  and  to  make  an  appropriation  of  money  for 
that  purpose.  The  inauguration  of  a  system  of  county  Reports, 
issued  annually  from  the  office  of  the  School  Commissioner,  filled 
with  interesting  facts  and  useful  information  relating  to  public 


COMMISSIONERS.  41 

schools,  and  circulated  gratuitously  among  the  people,  would  have 
a  happy  ten<lency  to  awaken  public  interest  on  behalf  of  schools 
and  to  rally  public  sentiment  to  their  support.  If  a  County  Court 
should  refuse  the  pittance  of  an  appropriation  for  the  purpose 
stated,  the  Commissioner  should  turn  to  the  newspapers  of  his 
county,  and  seek  publicity  for  his  Report  through  that  medium. 
It  IS  confidently  believed,  however,  that  if  the  request  to  publish 
in  pamphlet  form  the  Reports  of  Commissioners  be  made  and 
respectfully  urged  upon  the  County  Courts  or  Boards  of  Supervi- 
sors throughout  the  State,  an  appropriation  will  be  allowed  for 
that  purpose.  If  a  Court  or  Board  can  be  induced  to  autln^'ize 
such  a  publication,  as  requested  by  the  Commissioner,  for  one 
year,  there  is  little  doubt  that  they  will  be  willing  ever  after  to 
continue  the  appropriation,  on  account  of  the  positive  benefits 
resulting.  Mr.  Eberhart,  the  assiduous  and  faithful  Commissioner 
of  Cook  county,  succeeded  in  obtaining  an  appropriation  from 
the  Board  of  Supervisors  of  his  county  for  the  purpose  here 
stated,  and  the  results  of  ths  publication  of  the  very  able  and 
useful  Report  of  that  officer  were  so  gratifying  to  the  Board,  that 
the  annual  appropriation  of  means  for  the  purpose  of  publishing 
and  circuhitiiig  the  School  Comvassioner's  Report  has  become 
the  fixed  policy  of  the  county.  It  is  sincerely  hoped  that  the 
laudable  example  of  Mr.  Eberhart  will  be  followed  by  all  the 
Commissioners  of  the  State,  and  that  the  example  of  the  Board 
of  Supervisors  of  Cook  County  will  also  be  followed  by  the 
Boards  of  Supervisors  and  County  Courts  generally.  The  intro- 
duction and  establishment  of  such  a  policy  in  all  the  counties  of 
the  State  will  conduce  greatly  to  the  awakening  of  public  interest 
upon  the  subject  of  j)opular  education,  and  to  the  prosperity  of 
the  schools. 

These  hints  are  suggestive  and  outside  the  Law,  but  it  is  hoped 
they  will  be  favorably  considered,  and  acted  upon  by  our  Com- 
missioners. 

3.  Decisions  of  Questions  and  Controversies. — By  the  Law 
l^Sec.  20],  it  is  the  duty  of  the  Commissioner  to  decide  "all  ques- 
tions and  controversies  arising  under  the  School  Law."  It  is 
clearly  the  intention  of  the  Law,  that  the  Commissioner  shall  have 
primary  jurisdiction  in  deciding  all  questions  of  law  and  all  cases 
of  local  disputes  and  difierences  which  may  arise  betAveen  parties 
in  his  county.     No  words  can  be  more  explicit  than  those  in  the 


48  COMMISSIONERS.  — 

Law:  ^^ All  qu€8tioyis  and  controversies  divi^vag  under  the  School 
Law,  in  the  several  counties,  shall /rs<  be  submitted  to  the  School 
Commissioner,  for  his  opinion  and  advice."  It  is  not  contemplated 
in  the  Law,  that  any  such  questions  and  controversies  shall  be 
submitted  to  the  State  Office  only  on  appeal  from  the  opinion  or 
decision  of  the  School  Commissioner,  this  Department  being  of 
the  nature  of  an  appellate  tribunal.  To  qualify  himself  to  pro- 
nounce an  intelligent  and  correct  decision  in  ev^ry  case  of  disa- 
greement and  dispute  which  may  arise  in  his  jurisdiction,  the 
Commissioner  must  thoroughly  acquaint  himself  with  the  School 
Law,  and  divest  himself  of  every  prepossession  that  may  unjustly 
influence  his  opinion.  Then,  upon  a  fair  and  full  statement  of  the 
points  or  facts  submitted,  he  will  be  able  in  most  cases  to  decide 
justly  and  satisfactorily.  But  if,  after  all,  an  appeal  to  the  State 
Department  is  desired,  the  parties  must  mutually  agree  upon  the 
material  facts,  which  must  be  embodied  in  a  written  statement, 
subscribed  by  the  parties  and  forwarded  to  the  State  Oflice.  The 
decision  will  be  finally  given  by  the  State  Superintendent,  and 
will  be  based  on  the  facts  presented,  presuming  upon  the  truth  of 
the  agi'eed  statement. 

4.  County  Institutes. — Provision  is  made  in  the  Law  \_See.  1\] 
for  the  holding  of  County  Institutes,  and  for  defraying  the  ex- 
penses of  such  meetings  by  appropriations  of  money  from  the 
county  treasury.  It  is  earnestly  hoped  that  every  Commissioner 
in  the  State  will  labor  to  secm-e  the  organization  of  a  Teachers' 
Institute  in  his  county,  and  not  only  induce,  as  far  as  possible, 
the  attendance  of  all  the  teachers  in  his  jurisdiction,  but  encour- 
age, also,  the  attendance  of  the  people.  The  good  which  Teach- 
ers' Institutes  are  adapted  to  accomplish  is  not  confined  to  the 
profession  alone,  but  extends  to  the  whole  community.  Our 
schools  and  school  system  need  the  countenance  and  support  ot 
public  sentiment,  and  there  is  hardly  any  means  which  can  be 
made  more  efiectuai  in  awakening  and  enlisting  public  influence 
in  favor  of  our  Free  School  interests  than  the  regular  and  fre- 
quent recurrence  of  county  educational  meetings.  The  good 
efieet  of  such  meetings  upon  teachers  is  immediately  apparent. 
Each  Institute  is  a  Normal  School,  in  which  the  various  theories 
and  methods  of  teaching  are  discussed  and  exemplified  by  learned 
and  experienced  instructors,  and  while  every  such  meeting  is  an 
occasion  of  interest  and  improvement  to  the  most  intelligent  and 


COMMISSIONERS.  49 

best  qualifietl,  its  advantages  aud  benefits  are  invaluable  to  young 
and  inexperienced  teacliers.  A  fact  which  argues  most  strongly 
for  the  encouragement  and  supi)ort  of  County  Institutes  is,  that 
the  statistics  of  this  Office  show  an  increase  and  progres3  in  all 
the  elements  of  Common  School  efficiency  in  those  counties  Avliere 
Institutes  are  held,  far  in  advance  of  those  counties  where  Insti- 
tutes are  unknown.  I  repeat,  it  is  earnestly  hoped  that  a  Teach- 
ers' Institute  will  be  organized  in  every  county. 

6.  Fines  and  JFbrfeitures.— Moneys  accruing  from  fines,  pen- 
alties, forfeitures,  &c.,  in  any  of  the  Circuit  Courts  of  this  State, 
or  collected  by  Justices  of  the  Peace,  or  other  county  officers, 
except  municipal  fines  levied  and  collected  in  cities  and  towns  for 
the  violation  of  local  ordinances,  are  devoted  by  the  Law  [^Sec.  82] 
to  the  use  and  benefit  of  schools,  in  the  county  w'here  such  mon- 
eys are  collected.  The  Law  imposes  upon  the  clerks  of  Circuit 
Courts,  and  upon  Justices  of  the  Peace,  and  other  county  officers, 
the  duty  of  paying  over  all  such  moneys,  when  collected,  to  the 
School  Commissioner,  and  in  default  of  duty,  the  officer  failing  to 
pay  over  moneys  collected  under  this  Section,  is  liable  to  penal 
damages  in  double  the  amount  so  collected,  said  damages  to  be 
recovered  before  any  court  having  jurisdiction,  in  a  civil  action, 
at  the  suit  of  the  School  Commissioner.  The  School  Commis- 
sioner is  not  only  authorized  but  required,  by  this  law,  to  institute 
suit  for  the  recovery  of  damages  against  all  defaulting  officers. 
It  is  believed  that  large  amounts  of  money  which  leffalli/  holouged 
to  the  schools,  under  the  provisions  of  See.  82,  have  been  lost  to 
the  school  fund  through  the  failure  of  Circuit  Clerks  and  Justices 
of  the  Peace  to  make  returns  to  School  Commissioners,  as  re- 
quired. For  the  purpose  of  securing  to  the  school  fund  the  full 
benefit  of  this  provision  of  the  Law,  instructions  were  issued  from 
this  Department,  in  March,  1860,  to  township  Treasurers,  to  ex- 
amine semi-annually  the  dockets  of  all  Justices  of  the  Peace  in 
their  respective  townships,  in  respect  to  moneys  belonging  to  the' 
school  fund,  and  to  report  to  the  School  Commissioner,  on  or  be- 
fore the  15th  of  March  and  September  of  each  year,  the  result 
of  said  examinations.  The  following  fonn  of  Report  was  recom- 
mended to  Treasurers : 


50 


COMMISSIONERS. 


REPORT  of  the  Examination  of  tlie  Docket  of 
ship ,  Range ,  County  of ,  Ilhnois. 


,  Magistrate,  in  Town- 
Made  on  the  —  day  — ,  18 — . 


Names  of  Persons 

Date  of 

Amount 

Amount 

Am'tpd.to  Am't  paid 

Am't  collected 

Fined. 

Fine. 

of  Fine. 

collected 

Sch.Comr.  ito  Treas'r. 

1 

&  not  pd.over 

John  Doe.     .     . 

Sept.  5,  '60 

50 

00 

50 

00 

50 

00 

Richard  Roe,     . 

Jan.   1,  '61 

40 

00 

35 

00 

15 

00 

10 

00 

10 

00 

To. 


I  certify  the  above  to  be  correct. 
-,  School  Commissioner.  • 


-,  Township  Treasurer. 


Upon  receiving  this  Report  from  the  township  Treasm-er,  it 
was  made  the  duty  of  the  School  Commissioner  to  proceed  at 
once,  as  provided  in  Sec.  82,  and  j^ossess  himself  of  the  moneys 
reported  and  not  paid  over.  The  moneys  accruing  to  the  school 
fmid  from  this  source  are  to  be  distributed  by  the  School  Com- 
missioner in  the  same  manner  and  for  the  same  jjin-poses  as  the 
common  school  funds  of  the  State  are  distributed.  The  lanfyuao-e 
of  the  law  upon  this  subject  [Sec.  82)  is  plain  and  unmistakable. 
Commissioners  have,  in  some  cases,  added  these  moneys  to  the 
principal  of  the  county  fund  and  loaned  them  as  such.  This  is 
directly  and  openly  at  variance  with  the  Law. 

6.  Compensation. — School  Commissioners  are  entitled  to  a 
per  diem,  compensation  of  two  dollars  {Sec.  71)  for  services  per- 
formed under  the  20^A  Section  of  the  School  Law  "for  any  num- 
ber of  days  not  exceeding  one  hundred  in  any  one  year."  They 
are  entitled  to  retain,  as  compensation  for  selling  school  lands, 
three  per  cent,  of  the  amount  of  such  sales  made  by  them.  ^They 
are  entitled  to  a  compensation  of  two  per  cent,  of  all  sums  of  school 
moneys  distributed,  paid  out,  or  loaned  by  them.  They  are  also 
entitled  to  receive  one  dollar  {Sec.  51)  for  every  certificate  of 
qualification  issued  imder  Sec.  50,  excepting  those  certificates 
which  are  issued  on  days  of  public  examinations  of  teachers,  for 
which  nothing  is  received. 

Provision  is  made  for  adding  to  this  compensation  by  an  appro- 
pi'iation  from  the  county  treasury  \_Sec.  71,]  whenever,  in  the  judg- 
ment of  the  County  Court  or  Board  of  Supervisors,  such  appro- 
priation is  deemed  necessaiy  and  expedient.  Under  this  law, 
County  Courts  or  Boards  have  full  authority  to  make  appropria- 


COMMISSIONERS.     ^  61 

tiona  of  money  for  the  benefit  of  the  ofiice  of  School  Commis- 
sioner, in  such  amounts  as  may  seem  just  and  necessai'y  to  enable 
that  officer  to  devote  more  time  and  attention  to  the  improvement 
of  schools  in  his  coiinty.  The  approi:>riations  made,  however, 
under  this  Section,  have  been  few  and  small.  It  is  thought  that 
the  Law  is  not  generally  understood  upon  this  subject,  and  in 
some  counties  it  has  not  been  known  (until  the  attention  of  the 
County  Board  was  called  to  the  fact  by  the  Commissioner)  that 
the  Law  contained  any  provision  authorizing  the  Board  to  make 
special  appropriations  of  money  to  the  School  Commissioner.  A 
liberal  policy  upon  this  subject  should  be  pursued  by  the  counties 
of  the  State.  No  investments  of  money  yield  so  large  and  ready 
returns  of  general  and  substantial  good  as  those  made  in  the 
interests  of  schools. 

The  compensation  of  the  Commissioner  should  not  be  so  limited 
nor  so  contingent.  An  officer  whose  duties  are  so  many  and  so 
arduous,  and  who,  to  act  faithfully  and  efficiently,  is  required  to 
devote  so  large  a  jDortion  of  his  time  to  those  duties,  should 
receive  an  adequate  and  well  secured  compensation.  The  inci- 
dental expenses  of  the  office,  as  postage,  stationery,  office  rent, 
etc.,  should  be  paid  as  are  similar  expenses  of  county  offices,  out 
of  the  county  treasury. 

We  will  next  examine  the  duties  and  powers  of  the  School 
Commissioner  growing  out  of  his  relations  to 

The  Schools.  Supervision. — The  duties  and  powers  of  the 
Commissioner  relating  to  the  Schools  are  wholly  supervisory,  and 
may  all  be  treated  of  under  the  one  general  head  of  Supervision. 
The  official  supervision  mentioned  relates  to  Teachers  and  Schools. 

1.  Teachers. — The  supervision  which  the  Commissioner  is 
required  to  exercise  over  the  Teachers  of  his  county,  has  refer- 
ence to  their  Charactei — their  Qualifications — their  Work. 

(1.)  Character. —  Before  licensing  a  candidate  to  teach  a 
school,  the  Commissioner  must  be  satisfied  [Sec.  50]  of  his  (or 
her)  good  moral  character.  The  Law  requires  that  the  Commis- 
sioner shall  be  satisfied  of  the  good  moral  character  of  the  appli- 
cant before  a  license  to  teach  is  granted,  and  the  Commissioner  may 
be  so  satisfied  either  by  actual  personal  knowledge  of  the  applicant, 
derived  from  long  and  intimate  acquaintance,  or,  if  a  stranger, 
the  apj)licant's  good  character  may  be  established  by  well-authen- 


52  COMMISSIONERS. 

titjated  testimonials.  "When  written  testimonials  are  offered,  it 
would  be  prudent  for  the  Commissioner  to  note,  in  his  record 
book,  all  letters,  certificates,  or  documents  presented  by  any  can- 
didate as  evidences  of  character.  Such  a  record  might  prove 
useful  in  some  possible  contingencies  which  might  arise,  and 
would  serve  as  a  directory  in  case  the  Commissioner,  for  fuller 
satisfaction,  should  desire  to  correspond  with  the  authors  of  the 
offered  credentials.  The  responsibility  of  the  Commissioner  to 
supervise  the  character  of  Teachers  in  his  county  does  not  termi- 
nate with  the  issuing  of  the  certificate,  but  extends  throughout 
the  whole  term  of  the  Teacher's  service  in  the  schools  of  the 
county.  Provision  is  made  {_Sec.  50]  for  the  revocation  of  the 
Teacher's  certificate,  for  cause.  This  implies  a  continuous  ac- 
countability on  the  part  of  the  Teacher  to  the  Commissioner,  and 
a  continuous  responsibility  on  the  part  of  the  Commissioner  to 
exercise  a  vigilant  supervision  over  the  character  of  the  Teacher. 
Such  a  constancy  of  supervision  is  necessary  to  preserve  the 
virtue  of  our  schools. 

(2.)  Qtialifications. — By  this  is  meant  the  literary  qualifications 
of  the  Teacher.  The  Commissioner  must  be  satisfied  [/See.  50] 
that  the  candidate  is  qualified  to  teach  the  branches  enumerated 
in  the  Law.  The  fact  of  qualification  is  to  be  ascertained  by  an 
examination  of  the  candidate  in  all  the  branches  specified,  said 
examination  to  be  made  by  the  Commissioner  "in  person,  or  by 
one  or  more  competent  examiners  whom  he  shall  appoint." 

The  Law  recognizes  three  grades  of  Teachers'  certificates, 
known  as  the  First,  Second,  and  Third  Grades.  The  Commis- 
missioner  should  exercise  a  cautious  discrimination  in  his  exam- 
inations of  Teachers  under  this  Section,  and  award  to  the  candi- 
date a  certificate  of  the  very  grade  to  which  he  is  entitled.  As  a 
guide  to  Commissioners  upon  the  subject,  I  would  recommend 
the  following,  which  I  copy  from  the  Fourth  Biennial  Report  of 
this  Oflice,  issued  by  Mr.  Bateman: 

"First  Grade. — The  candidate  for  this  grade  should  be  able 
to  sustain  a  thorough  and  critical  examination  upon  all  the  sub- 
jects named  in  the  act.  He  should  be  examined  with  reference, 
not  only  to  mere  technical  knowledge,  but  to  the  principles  of  the 
branches  required  —  the  philosophy  of  the  rules  —  the  theory  and 
practice  of  teaching — and  the  principles  of  school  government. 
Especial  jjiquiry  should  also  be  made  as  to  the  candidate's  peculiar 


COMMISSIONERS.  53 

aptitude  in  communicating  knowledge,  and  his  ability  to  make  it 
clear  to  the  pupil  by  lucid  explanations,  and  prompt  and  pertinent 
illustrations.  In  determining  the  claims  of  the  candidate  for  this 
grade,  it  would  also  be  proper  to  regard  certain  points,  upon 
Avhich,  from  the  nature  of  the  case,  there  can  be  n*o  foi'mal  exam- 
ination, but  the  relevance  and  significancy  of  which  cannot  be 
questioned  —  such  as  precision  and  clearness  of  utterance,  propri- 
ety and  purity  of  diction,  refinement  of  manner,  genuine  dignity 
of  character  and  bearing,  earnestness,  conscientiousness  and  high- 
toned  morality.  It  is  thought  that,  in  examinations  of  this  char- 
acter, far  too  much  stress  is  ordinarily  laid  upon  the  value  of  mere 
scholarship.  The  technical  and  scientific  acquirements  of  the  can- 
didate must  indeed  be  unimj)eachable,  but  it  is  sincerely  believed 
that  the  considerations  just  referred  to  have  a  more  important 
bearing  upon  the  question  of  the  real  fitness  and  highest  success 
of  the  teacher  than  the  utmost  perfection  of  purely  scholastic 
attainments. 

"  Second  Grade. — To  secure  this,  the  candidate  should  exhibit 
a  thorough  knowledge  of  all  the  branches  required  by  law,  but 
the  examination  may  be  conducted  in  a  rtiore  technical  form .,  with 
less  reference  to  comprehensive,  philosophical  principles,  and  less 
rigor  of  scrutiny  into  the  general  qualifications  enumerated  above, 
as  necessary  for  the  first  grade. 

"  Third  Grade. — Certificates  of  this  grade  may  be  awarded  to 
candidates,  the  standard  of  whose  examination  falls  decidedly 
below  that  requisite  for  the  j^receding  grade,  but  whose  knowledge 
of  the  branches  specified  in  the  act  is,  nevertheless,  such  as  to 
w^arrant  the  Commissioner  in  putting  them  upon  trials  in  a  single 
district." 

(3.)  Worh. —  It  is  the  duty  of  the  School  Commissioner  to 
supervise  the  work  of  the  Teacher,  to  acquaint  himself  not  only 
with  the  theoretic  qualifications  of  the  candidate,  (which  he  does 
by  personal  examination,)  but  also  to  learn,  as  far  as  possible, 
[>S''?c.,20]  the  manner  and  methods  of  the  Teacher's  instruction 
and  government  in  the  school-room.  If  it  be  discovered  by  the 
Commissioner  that  the  work  of  the  Teacher  is  lame  and  imper- 
fect, it  is  the  duty  of  that  officer  to  "give  siich  directions  in  the 
art  of  teaching,  and  the  method  thereof  as  shall  be  deemed  expe- 
dient and  necessary,  so  that  each  school  shall  be  equal  to  the 
grade  for  which  it  was  established." 


54  COMMISSIONERS. 

Constituted  by  the  Law  the  judges  of  character  and  capacity 
in  those  who  aspire  to  teach,  the  School  Commissioner  should 
himself  possess  a  moral  character  above  reproach,  a  learning 
adequate  to  the  duty  of  the  examination  of  applicants,  which 
examination  slA)nld  be  thorough  and  faithful,  and  a  good  knowl- 
edge of  school  discipline  and  government.  If  not  so  qualified 
himself,  he  will  be  unable  to  estimate  truly  such  qualities  in 
others. 

While  a  candidate  is  undergoing  examination,  he  should  not  be 
regarded  by  the  Commissioner  in  any  other  light  than  as  such, 
and  the  judgment  and  decision  of  the  Commissioner,  as  examm- 
ing  officer,  should  turn  only  upon  the  fact  of  qualification  or  non- 
qualification, honestly  ascertained  by  plain,  pertinent  and  practical 
questions.  If  the  habits  of  the  candidates  are  vicious,  and  the 
fact  is  knoAvn  to  the  Commissioner,  he  should  be  rejected  at  once. 
Better  that  children,  whose  character  is  in  process  of  formation 
and  is  so  susceptible  of  misdirection  or  perversion  by  contact 
with  vicious  example,  should  be  for  the  present  kept  in  ignorance, 
than  be  exposed  to  the  corrupting  influences  which  are  ever  asso- 
ciated with  the  life  of  a  bad  inan. 

The  Commissioner  should  satisfy  himself  that  the  leartiing  of 
the  candidate  is  at  least  equal  to  the  requirements  •  of  the  law. 
Something  must  be  left  to  the  discretion  of  the  Commissioner. 
Reference  should  be  had  not  only  to  the  kind,  but  to  the  state 
and  circumstances  of  the  school  over  which  the  candidate  is  to 
be  placed.  The  idea  is  an  old  and  very  favorite  one  with  many, 
that  in  an  elementary  school,  where  the  pupils  are  small,  and 
where  only  the  rudiments  are  taught,  it  is  not  requisite  that  the 
Teacher  possess  much  learning,  and  that  it  is  sufficient  if  he  be 
gifted  with  ordmary  common  sense,  good  manners,  a  tolerable 
judgment  of  human  nature,  and  a  reasonable  stock  of  patience. 
These  qualifications  should  be  possessed  unquestionably ;  but  it 
is  not  less  required  that  the  Teacher  of  an  elementary  school 
should  be  himself  thoroughly  learned  in  the  e^em6«^s,  which  is  not 
true  of  many  who  claim  to  possess  an  advanced  education.  Be- 
ginnings are  important,  and  young  pupils  should  be  detained  upon 
the  beginnings  until  the  Teacher  is  well  assured  that  they  are 
making  right  beginnings;  and  to  instruct  the  little  child  rightly  in 
the  beginnings  of  his  education,  it  is  indispensable  that  the 
Teacher  knoAv  what  is  right,  and  that  he  patiently  inculcate /rs^ 


COMMISSIONEKS.  65 

lessons  until  they  be  well  mastered.  The  Commissioner  cannot, 
then,  too  closely  scrutinize  the  qualifications  of  a  candidate  who 
aspires  to  teach  little  children.  Schools  in  which  are  found  child- 
ren of  larger  growth  and  higher  attainments  should  be  presided 
over  by  Teachers  who  can  supply  their  pupils  with  the  mental 
and  moral  aliment  which  they  demand,  and  who  can  and  will  ele- 
vate the  character  of  their  schools  to  the  standard  of  dignity  and 
usefulness  which  a  more  enlightened  public  opinion  is  demanding. 
Schools  are  to  be  governed  as  well  as  taught.  The  examination 
of  the  candidate  should  disclose  his  qualifications  to  manage  and 
govern  pupils  in  the  school  room.  Something  can  be  learned  of 
the  candidate's  governing  capacity  by  questioning  him  upon  the 
methods  of  discijjline  and  government  which  he  practices ;  but 
not  all  can  be  so  learned.  It  is  only  by  following  the  candidate 
into  the  school  room,  and  observing  closely  his  modes  of  govern- 
ment, and  his  temper  in  executing  tbem,  that  a  satisfactory  know- 
ledge of  his  qualifications  as  the  governor  of  the  school  can  be 
obtained.  The  whole  duty  of  the  Commissioner  is  not  discharged, 
then,  when  the  examination  of  the  candidate  is  concluded.  His 
further  duty  is  to  supervise  his  work  in  the  school  room,  and 
Batisfy  himself  that  the  Teacher  is  as  practically  qualified  for  his 
work  in  the  school  room,  as  he  is  theoretically  qualified  out  of  it. 
But  being  convinced  that  an  intelligent  and  thorough  supervision 
on  the  part  of  School  Commissioners,  cannot  be  secm*ed  by  means 
of  official  visitation  alone,  from  the  fact  that  such  visitations  can- 
not be  made  by  Commissioners  so  regularly  or  frequently  as  the 
necessities  of  the  School  demand,  I  have  recently  caused  to  be 
prepared  a  Blajik  Form  for  Teachers'  Reports,  which  wUl  be 
filled  ouf  and  forwarded  by  Teachers  in  each  County,  to  the 
School  Commissioner,  on  the  last  day  of  each  school  month.  The 
items  of  information  to  be  communicated  monthly  to  the  Commis- 
sioner by  each  Teacher  in  the  County,  are  the  following :  Number 
of  Departments  in  the  School ;  Number  of  Teachers,  Male  and 
Female ;  Number  of  Pupils  enrolled  during  the  Month,  Male  and 
Female ;  Whole  number  of  Pupils  enrolled  during  the  Term  thus 
far,  Male  and  Female;  Number  of  Days'  Attendance ;  Number  of 
Days  Absent;  Number  of  times  Tardy  during  the  Month;  Time 
lost  by  Tardiness,  in  hours  and  minutes;  Average  Daily  Attend- 
ance ;  Per  cent,  of  Attendance ;  Number  of  times  Teachers  are 
Tardy ;  Time  lost  by  Teachers  on  account  of  Tardiness,  in  hours 


56  COMMISSIONEES. 

and  minutes ;  Number  of  classes  in  School ;  Number  of  Classes 
per  Teacher ;  Nmnber  of  Pupils  withdrawn ;  Number  of  Pupils 
expelled ;  Number  of  visits  by  Cormnissioner ;  Number  of  visits 
by  Directors ;  Number  of  visits  by  Patrons  and  others ;  Text 
Books  used  in  Schools. 

The  Blanks  referred  to  are  published  by  Messrs.  Adams  & 
Blackmer,  of  Rockford,  and  will  be  furnished  by  the  publishers 
to  the  School  Commissioners  of  the  different  counties,  who  are 
requested  to  distribute  them  to  the  Teachers  as  they  may  be 
needed.  The  cost  of  the  Blanks  will  be  comparatively  trifling, 
and  Commissioners  are  authorized  to  appropriate  from  the  County 
Distributive  Fimd  such  an  amount  as  may  be  necessary  to  pur- 
chase the  requisite  quantity  of  Blanks  for  the  use  of  Teachers  in 
their  respective  counties. 

It  is  expected  that  School  Commissioners  will  embody  in  their 
Annual  Ileports  to  this  Department  the  aggregate  facts  commu- 
nicated to  tliem  in  the  Monthly  Reports  of  Teachers,  and  those 
officers  will  be  furnished  by  this  office  with  Blanks  adapted  to  the 
pxirpose. 

In  introducing  this  new  feature  into  the  School  Policy  of  the 
State,  I  will  have  to  rely  upon  the  prompt  and  hearty  co-operation 
of  County  Commissioners ;  and  I  accordingly  request  those  officers 
to  second  this  effort  to  improve  our  system  of  School  Supervision. 
Commissioners  therefore,  at  each  of  their  official  examinations  of 
Teachers,  and  before  issuing  to  them  certificates  of  qualification, 
will  instruct  them  to  be  prompt,  careful  and  regular  in  preparing 
and  forwarding  their  Monthly  Reports,  as  required  by  this  De- 
partment. 

In  exercising- the  powers  of  supervision  here  sj^ecffied,  the 
Commissioner  should  be  firm,  but  mild,  strict,  but  kind.  He 
should  impress  the  Teacher  with  the  fiict  that  all  his  offices  are 
well-meant,  and  performed  in  a  friendly  spirit.  Praises  should 
be  more  gladly  and  freely  bestowed  than  censures,  and  sugges- 
tions of  amendment  should  ever  be  made  in  a  polite  and  kindly 
manner,  and  for  the  most  part,  in  private.  In  short,  the  demeanor 
of  the  Commissioner  should  be  such,  that  the  Teacher  will  recog- 
nize in  him  a  true  friend,  and  one  who  really  desires  and  seeks  to 
promote  his  welfare,  and  the  success  of  the  school  over  which  he 
presides.  The  supervision  of  the  Commissioner  extends  also 
over  the 


COMMISSIONERS.  57 

2.  Schools. — It  is  the  duty  of  the  Commissioner  \^Sec.  20]  to 
"visit  as  often  as  practicable  the  several  schools  of  his  county, 
and  to  note  the  common  method  of  instruction  and  branches 
taught,"  &c.  It  is  not  specified  in  the  Law  how  often  the  Com- 
missioner shall  visit  each  school  during  the  year — it  is  simply 
stated  "  as  often  as  practicable."  It  is  desirable  that  the  Com- 
missioner should  know  something  of  the  wants,  condition  and 
prospects  of  every  school  in  the  county,  and  such  knowledge  can- 
not certainly  be  obtained  without  visiting  each  school  in 
person.  The  Commissioner  should,  at  the  time  of  such  visita- 
tion, inquire  into  the  whole  condition  of  the  school.  If  pos- 
sible, he  should  take  the  Directors  with  him,  as  there  are 
some  particulars  of  information  which  may  be  more  correctly 
learned  from  those  officers  than  from  any  other  eom-ce.  The  fol- 
lowing matters  should  be  inquired  into  and  carefully  noted :  The 
number  of  pupils ;  their  classification ;  their  arrangement  in  the 
room — the  courses  of  instruction  and  order  of  discipline  and  gov- 
ernment— text-books,  the  kind  and  varieties ;  the  fitness  of  the 
books  in  general,  and  their  particular  fitness  for  the  pupils  and 
classes  using  them — the  fm'niture  and  apparatus  of  the  school- 
room ;  its  conveniences  for  being  warmed  and  ventilated ;  its 
cleanliness  or  otherwise — the  external  appearance  and  condition 
of  the  school-house  and  premises ;  the  site,  whether  eligible  and 
pleasant ;  the  house,  of  what  materials  built,  and  whether  adapted 
to  the  purpose,  and  in  good  repair ;  out-houses ;  weU ;  play- 
ground; fences,  trees,  shrubbery  and  ornaments. 

During  the  i^eriod  of  visitation,  the  Commissioner  is  entitled 
to  the  entire  control  of  the  school.  If  he  choose,  he  may  be,  for 
the  time  being,  the  Teacher.  He  may  elect  what  classes  shall  be 
called  upon  to  perform  exercises.  He  may  direct  the  Teacher  to 
conduct  the  recitation,  or  he  may  do  it  himself.  In  short,  he  may 
give  direction  to  the  whole  order  of  the  school  during  the  con- 
tinuance of  his  visit.  These  jDrerogatives  seem  to  be  indispensable 
to  enable  him  to  ascertain  the  true  condition  of  the  school,  and 
are  therefore  incident  to  the  office  of  Commissioner,  as  examiner 
of  schools  under  the  Law.  The  examination  of  the  school  should 
be  thorough  and  satisfactory,  and  not  an  idle  visit  or  a  sheer 
ceremony. 

A  full  account  has  now  been  given  of  the  powers  and  duties 
of  the  School  Commissioners. 


58  TRUSTEES. 


TRUSTEES  OF  SCHOOLS. 

ELECTION. 

School  Trustees  are  elected  for  two  years,  and  until  their  suc- 
cessors are  elected  and  qualified,  the  election  occurring  [Sec.  25] 
on  the  second  Monday  in  October,  biennially.  Notices  of  election 
are  required  to  be  issued  (by  the  Township  Treasurer  upon  the 
order  of  the  Trustees  in  incorporated  townships,  and  by  the 
County  Clerk  when  the  election  is  to  be  held  in  a  township  not 
organized,)  and  posted  in  public  places,  at  least  ten  days  previous 
to  the  day  of  election. 

In  townships  where  no  election  for  School  Trustees  has  been 
held,  the  first  election  may  be  held  on  any  Monday,  notice  being 
given,  as  above. 

It  is  provided  [See.  25]  that  the  election  of  Trustees  may  be 
postponed  for  one  week,  on  account  of  the  small  number  of  voters 
in  attendance  on  the  first  day  appointed,  when  a  majority  of  the 
voters  so  attending  shall  desire  such  postponement,  or  when,  iu 
the  judgment  of  the  Trustees,  the  public  good  requires  it.  If  at 
any  time  the  election  be  not  held  on  the  day  appointed  by  Law 
(second  Monday  in  October,)  by  reason  of  a  failure  or  neglect  to 
give  the  required  notice,  then  said  election  may  be  held  on  the 
first  Monday  in  November,  or  on  any  other  Monday,  due  notice 
being  given. 

Trustees,  when  present  and  consenting,  shall  preside  over  the 
election,  in  incorporated  townships  [Sec.  26,]  two  of  their  number 
acting  as  judges,  and  the  third  as  clerk.  In  unincorporated  town- 
ships, (or  in  incorporated  townships  where  the  Trustees  fail  to 
act,)  judges  and  a  clerk  shall  be  chosen  by  the  legal  voters 
present. 

Elections  for  School  Trustees,  as  well  as  processes  for  contest- 
ing elections  [Sec.  27,]  shall  be  conducted  imder  the  general  elec- 
tion laws  of  this  State.  In  case  of  a  tie,  the  judges  shall  deter- 
mine [Sec.  28]  the  election  by  lot. 

Vacancies  in  a  Board  of  Trustees,  occasioned  by  resignation, 
removal,  or  death,  shall  be  filled  by  special  election  [Sec.  29,] 
legal  notice  being  given. 


TEUSTEES.  59 

The  returns  of  election  properly  certified  to  are  to  be  delivered 
to  the  School  Commissioner  [Sec.  30,]  and  filed  by  him. 

To  be  eligible  to  the  office  of  Trustee,  it  is  required  of  a  person 
l/Sec.  24]  that  he  be  twenty-one  years  of  age,  and  a  resident  of 
the  township.  It  is  also  required  by  the  State  Constitution,  that 
he  be  a  citizen  of  the  United  States. 

To  be  eligible  as  a  voter  at  an  election  of  Trustees,  the  person 
must  possess  the  same  qualifications  [Sec.  28]  as  will  entitle  him 
to  vote  at  general  elections  in  this  State. 

The  Board  of  Trustees  is  a  body  politic  and  corporate  [Sec. 
23,]  of  perpetual  existence,  and  is  privileged  and  liable  as  other 
bodies  corporate.  Trustees  elected  under  the  new  School  Law 
are  the  legal  corporate  successors  [Sec.  31]  of  Trustees  of  Schools 
and  School  Lands,  as  existing  xmder  former  laws. 

DUTIES    AND    POWERS. 

Regular  semi-annual  meetings  of  the  Trustees  shall  be  held 
[Sec.  32]  on  the  first  Mondays  of  October  and  April,  in  each  year, 
and  special  meetings  may  bo  held  at  the  call  of  two  members  of 
the  Board,  at  such  other  times  as  may  be  necessary.  At  the  first 
meeting  after  election,  the  Board  shall  organize  by  appointing  one 
of  their  number  President,  and  a  suitable  person  (not  a  school 
officer)  Treasurer,  who  shall  be  also  clerk  of  the  Board,  and  who, 
upon  his  appointment,  shall  immediately  execute  a  bond  [Sec.  55,] 
as  will  be  again  noticed. 

The  duties  and  powers  of  Trustees  relate  to  The  County — The 
Toicnship — TJie  Districts. 

1.  IVte  County. — The  Board  of  Trustees  of  each  township  is 
required  to  report  annually  ^Sec.  36,]  as  is  ordered  by  the  State 
Department,  to  the  School  Commissioner,  on  or  before  the  second 
Monday  of  October,  in  each  year,  full  information  of  facts  con- 
cernmg — First,  the  condition  of  Schools  in  the  township;  Second, 
the  number  of  persons  under  twenty-one  years  of  age ;  Third,  a 
statement  of  the  fiscal  affairs  of  the  township.  The  Report  here 
required  will  embrace  such  details  of  facts  as  may  be  demanded 
by  the  School  Commissioner,  who  will  supply  each  township 
Treasurer  with  blanks  prepared  for  the  purpose,  with  suitable 
instructions  for  making  out  and  retm-ning  said  Report,  as  provided 
in  Sec.  36.  If  the  Trustees  fail  to  perform  this  duty,  the  School 
Commissioner  is  authorized  [Sec.  21]  to  employ  a  competent  per- 
son to  collect  the  requu-ed  statistics  and  facts  and  report  the  same 


60  TRUSTEES. 

to  the  officer  employing  him.  The  person  so  employed  shall 
receive  reasonable  compensation  for  his  services,  to  be  paid  by 
the  Commissioner  out  of  any  moneys  which  are,  or  may  come  into 
his  hands  belonging  to  said  township.  The  amount  so  paid  shall 
be  charged  against  the  Trustees  of  the  delinquent  township,  who 
shall  be  personally  (not  officially  and  corporately)  held  for  its 
payment,  and  in  case  of  refusal  so  to  pay  the  amount  charged 
against  them,  the  Commissioner  is  authorized  to  proceed  against 
them  for  its  collection,  in  a  civil  action  before  a  court. 

2.  The  Township. — Trustees  are  required  to  hold  in  trust  for 
the  use  and  benefit  of  the  inhabitants  of  the  township,  all  moneys, 
property,  papers  (including  deeds,  mortgages,  bonds,  notes,  judg- 
ments, and  decrees,)  and  effects  belonging  to  said  township.  The 
title  to  all  school  property  belonging  to  the  townships,  as  lands, 
school-house  sites  and  premises,  school-houses,  with  all  their 
appm-tenances,  is  vested  in  the  Trustees.  All  "  mortgages,  bonds, 
notes,  or  other  securities  taken  for  money  or  other  j^roperty,"  on 
behalf  of  the  township,  shall  be  executed  to  the  Trustees  in  their 
corporate  name,  and  all  judgments  and  decrees  in  favor  of  the 
townshij)  shall  be  rendered  to  the  Trustees  in  their  corporate 
name  and  capacity.  They  shall  cause  all  moneys  for  the  use  of 
the  township  to  be  paid  over  to  the  township  Treasurer,  who  shall 
likewise  hold  in  custody  all  deeds,  mortgages,  bonds,  notes,  or 
other  evidences  of  title  or  indebtedness.  It  is  made  the  duty  of 
the  Trustees  \Sec.  38]  to  overlook  and  examine  carefully,  at  each 
semi-annual  meeting,  (and  oftener,  if  necessary,)  all  moneys  and 
papers  belonging  to  the  township,  that  they  may  be  satisfied 
of  their  safe-keeping,  and  of  the  integrity  and  fidelity  of  the 
Treasurer,  who  is  the  appointed  custodian  of  these  valuables. 

The  Trustees,  as  the  corporate  agents  of  the  township,  are 
authorized  to  purchase  and  receive  real  estate  \8ec.  41]  in  satis- 
faction of  debt  accruing  to  the  township  by  any  judgment  or 
decree,  rendered  in  favor  of  said  township  by  any  court,  or  in 
satisfaction  of  any  mortgage,  bond  or  note  held  by  said  Trustees, 
■when  deemed  expedient,  and  for  the  interest  of  the  township, 
and  to  seU  and  convey,  lease  or  rent  for  the  benefit  of  the  town- 
ship, real  estate,  the  title  of  which  is  vested  in  them,  in  such 
manner  and  on  such  terms  as  they  may  deem  best  calculated  to 
promote  the  interest  of  the  township  fund,  provided,  "  that  in  all 
cases  of  sale  of  land,  the  sale  shaU  be  made  at  the  same  place, 


TRUSTEES,  61 

and  notice  given  in  the  same  manner  as  is  provided  for  tile  sale 
of  the  sixteenth  section."  They  may  receive  \_Sec.  39]  "  any  gift, 
grant,  donation,  or  demise  made  for  the  nse  of  any  school  or 
schools,  or  library,  or  other  school  purposes  within  their  juris- 
diction." 

It  is  made  the  duty  of  the  Trustees  \_Sec.  84,]  when  notice  has 
"been  given  to  them  by  the  School  Commissioner  that  the  inhabit- 
ants of  the  township  desire  to  sell  the  sixteenth  section,  or  any 
part  thereof,  to  proceed  immediately  to  divide  the  land  to  be  sold 
into  tracts  or  lots  of  not  more  than  eighty  acres  each  \_Sec.  85,] 
executing  a  certified  plat  of  said  division,  on  which  each  tract  or 
lot  shall  be  numbered,  which  plat  shall  be  filed  with  the  School 
Commissioner.  They  shall  aftix  a  value  upon  each  tract  or  lot  to 
be  sold,  and  no  lot  or  tract  shall  be  sold  for  less  than  its  said 
valuation  \_Sec.  88.]  In  cases  where  Common  School  lands  have 
been  valued  or  appraised  by  the  Trustees,  and  remain  unsold  for 
two  years  (having  been  publicly  offered  for  sale,)  the  Trustees 
may  "vacate  the  valuation  thereof  \_Sec.  91,]  and  cause  a  new 
valuation  to  be  made,  if  in  their  opinion  the  interests  of  the  town- 
ship will  be  promoted  thereby."  Said  new  valuation  is  to  be 
reported  to  the  School  Commissioner  with  plat. 

Trustees  are  required  \_Sec.  33]  "  to  lay  oflT  the  township  into 
districts  to  suit  the  wishes  and  convenience  of  a  majority  of  the 
inhabitants  of  their  townships,  and  shall  prepare,  or  cause  to  be 
prepared,  a  map  of  their  township,  as  often  as  may  be  necessary, 
on  which  shall  be  designated  districts,  to  be  styled  district  No. 

,  in  township  No. ,  which  they  may  alter  or  change  at 

any  regular  session  ;  which  map  shall  be  certified  by  the  j^resident 
and  clerk  of  the  board,  and  filed  with  and  recorded  by  the  county 
clerk." 

The  original  doctrine  of  the  33f7  Section,  as  held  by  all  the 
State  Superintendents,  was,  that  the  inhabitants  of  the  township, 
whose  interests  are  vitally  involved  in  the  division  of  their  ter- 
ritory into  school  districts,  had  the  right  and  privilege  to  control 
such  division,  by  representine:  to  the  Trustees,  in  the  form  of  vote 
or  petition,  their  wishes  and  convenience.  It  was  thought  that 
Buch  an  understanding  of  the  Section  was  justified  by  the  very 
clear  and  explicit  terms  of  the  law  itself.  True,  the  Section  does 
not  provide  any  particular  mode  by  which  the  wishes  and  con- 
venience of  the  people  were  to  be  expressed.    But  it  was  believed 


62  TRUSTEES. 

that  tills  omission  on  the  part  of  the  Legislature  was  of  design, 
it  being  wisely  left  to  the  people  themselves  to  elect  such  a  mode 
of  expressing  their  will  as  would  be  deemed  most  convenient  and 
influential.  Certainly  the  Legislature  could  invest  the  people 
with  the  right  to  do  an  act,  without  specifying  the  very  mode  in 
which  such  act  is  to  be  done,  especially  when  the  party  so  author- 
ized to  act  was  competent  to  elect  any  one  of  several  modes 
which  might  be  thought  most  simple,  easy  and  convenient. 

It  had  transpired  in  some  instances,  that  application  had  been 
made  to  the  Trustees  by  a  single  individual  or  by  a  few  individ- 
uals of  a  district,  for  a  change  of  district  boimdaries  to  suit  the 
private  wishes  and  interests  of  such  individual  or  individuals, 
without  regard  to  the  general  advantage  or  convenience  of  others, 
and  the  apj)lication  had  been  granted  by  the  Trustees  without 
consulting  the  wishes  of  a  majority  or  of  any  considerable  num- 
ber of  those  who  were  interested  in  the  change.  To  prevent 
such  injustice,  the  Department  had  issued  general  instructions  to 
Trustees  to  restrain  their  action  in  all  such  cases  until  notice 
should  be  given  to  the  people  of  the  districts  interested,  and 
opi^ortimity  afforded  them  to  express  their  wishes  upon  the  sub- 
ject of  the  proposed  change.  It  was  held  to  be  the  duty  of 
Trustees  to  postpone  action  in  such  cases  imtil  the  people  could 
be  heard,  even  though  those  officers  were  satisfied,  from  repre- 
sentations made  to  them,  that  the  change  sought  would  not  operate 
to  the  disadvantage  of  any  interested.  If  tlie  change  proposed 
promised  to  be  of  general  advantage,  it  was  thought  the  people 
would  not  fail  to  express  their  acquiescence,  while  on  the  other 
hand,  if  the  change  sought  would  be  likely  to  operate  injuriously 
npon  general  and  connected  interests,  it  was  due  to  the  people 
that  they  should  be  allowed  to  express  their  seijse  of  the  proceed- 
ing, and  remonstrate  against  the  attempted  wrong.  Such  have 
been  the  opinions  and  instructions  of  the  State  Department  with 
reference  to  the  33(7  Section,  until  its  contrary  meaning  was  fixed 
by  a  decision  of  the  Supreme  Com-t,  which  I  will  now  notice. 

The  decision  was  given  in  the  case  of  Metz  et  al.,  School 
Directors,  vs.  Anderson  et  al.,  Trustees.  The  case  was  taken  to 
the  Supreme  Court,  on  writ  of  error,  from  Schuyler  County,  in 
this  State.  The  material  points  of  the  case,  and  upon  which  the 
decision  turns,  are  these  :  The  Trustees,  in  April,  1855,  laid  off 
and  divided  the  township  into  nine  districts,  executing  and  filing 


TRUSTEES.  63 

plat,  according  to  law.  Immediately,  the  inhabitants  of  district 
No.  9  organized  by  the  election  of  Directors,  &c.,  purchased  a 
school-house,  and  maintained  schools  until  October,  1857;  the 
Trustees,  in  October,  1857,  at  the  instance  of  citizens  of  district 
No.  8,  without  the  knowledge  or  consent  of  a  majority  of  district 
No.  9,  passed  an  order  consolidating  districts  Nos.  8  and  9,  under 
description  of  district  No.  8,  and  made  and  filed  a  map  accord- 
ingly. The  inhabitants  of  original  district  No.  9,  believing  that 
the  act  of  consolidation  was  illegal,  as  the  change  had  been 
made  without  consulting  the  inhabitants  of  said  district,  and  that 
the  Trustees  would,  at  their  next  regular  meeting,  rescind  said 
act,  proceeded  to  elect  Directors,  just  as  if  no  change  had  been 
made.  Immediately  following  the  act  of  consolidation,  district 
No.  8  (now  including  also  district  No.  9,  according  to  the  late 
action  of  the  Trustees,)  contracted  a  heavy  debt  in  the  purchase 
of  a  school-house,  and  levied  a  tax  upon  the  Avhole  district,  as 
consolidated,  to  provide  the  means  for  discharging  the  debt. 
District  No.  9  held  that  Directors  of  consolidated  district  No.  8 
had  no  jurisdiction  within  the  limits  of  original  district  No.  9, 
and  had  no  authority  to  assess  upon  property  situated  in  said  dis- 
trict No.  9,  for  the  purpose  of  assisting  in  paying  a  debt  impro- 
vidently  contracted.  Upon  the  facts  as  here  stated,  it  was  decreed 
by  the  Circuit  Court  of  Schuyler  County,  that  "  the  said  defend- 
ants, and  each  of  them,  be  perpetually  enjoined  and  restrained 
from  collecting  any  and  all  school  tax  levied  and  assessed  against 
the  property  included  in  the  boundaries'  mentioned  [district  No. 
0.]  And  that  the  defendants  pay  the  costs  of  this  proceeding." 
From  the  decision  of  the  court  below,  the  defendants  sued  out  a 
wait  of  error,  assigning,  in  part,  that  "the  court  erred  in  the 
order,  decreeing  a  perpetual  injunction,  restraining  the  collection 
of  taxes,  as  restrained."  The  cause  came  to  a  hearing  before  the 
Supreme  Court  at  the  January  term,  1860,  and  the  decision  of 
the  court  below  was  reversed,  and  the  bill  dismissed,  the  opinion 
being  rendered  by  Judge  Breese.  I  subjoin  the  opinion  of  the 
Supreme  Court,  excepting  introductory  paragraphs,  which  are 
not  material  to  an  understanding  of  the  decision : 

We  think  this  case  depends  wholly  upon  the  construction  to 
be  put  upon  the  thirty-third  section  of  the  act  of  1857,  to  estab- 
lish and  maintain  a  svstem  of  free  schools.  (Scates'  Comp., 
440.) 


64  TRUSTEES. 

That  section  provides  "  That  Trustees  of  schools  shall  lay  offi 
the  township  into  districts  to  snit  the  wishes  and  convenience  of 
a  majority  of  the  inhabitants  of  the  townships,  and  shall  prepare, 
or  cause  to  be  prepared,  a  map  of  their  township,  as  often  as  may 
be  necessary,  on  Avhich  shall  be  designated  districts,  to  be  styled 
District  No.  — ,  in  Township  No.  — ,  which  they  may  alter  or 
change  at  any  regular  session ;  which  map  shall  be  certified  by 
the  President  and  Clerk  of  the  Board,  and  filed  with  and  recorded 
by  the  County  Clerk,  in  a  book  to  be  kept  for  that  purpose,  to  be 
paid  for  out  of  the  County  Treasury  :  Provided,  that  school  dis- 
tricts may  be  formed  out  of  parts  of  two  or  more  townships  or 
fractional  townships — in  which  case  the  Trustees  of  the  schools 
of  the  townships  interested  shall  act  in  conjunction  in  the  forma- 
tion of  such  district.  "When  a  new  district  is  formed  from  one 
or  more  districts,  the  Trustees  sliall  make  division  of  any  tax 
funds  which  are  or  may  be  in  the  hands  of  any  ofiicer,  in  propor- 
tion to  the  amount  of  taxes  collected  from  the  pi'operty  remaining 
in  each  district ;  and  it  shall  be  the  duty  of  the  officers  to  pay  the 
same  on  the  order  of  the  Trustees." 

The  charge  in  the  bill  is,  that  the  order  of  October  5,  1857,  re-  < 
districting  the  township  by  which  districts   eight  and  nine  were 
consolidated  to  form  district  eight,  was  made  without  consulting 
the  wishes  and  convenience  of  a  majority  of  the  inhabitants  of 
district  nine,  or  of  the  township  at  large. 

This  allegation  is  denied  by  the  answer,  and  the  Trustees  who 
made  the  order  testify  that  at  the  time  they  made  it,  it  did  suit 
the  wishes  and  convenience  of  the  majority  of  the  inhabitants  of 
the  township,  as  they  then  thought  and  believed,  and  still  think. 

There  is  some  proof  to  show  that  it  was  not  inaccordance  with  the 
wishes  or  convenience  of  district  nine,  or  of  the  tovmship,  but 
the  law  does  not  provide  any  mode  by  which  these  facts  are  to  be 
ascertained.  JVb  vote  of  the  people ;  no  petition  is  required/  but 
the  Trustees  are  peremptorily  required  to  lay  off  the  township  into 
districts;  and  they  are  directed,  in  so  doing,  to  suit  the  wishes 
and  convenience  of  the  inhabitants  of  the  township.  Therebeing 
no  7node  p>rovided  by  the  act  by  which  this  is  to  be  accomplished, 
the  Hoard  must  viecessarily  take  the  responsibility  of  dicidirig  the 
quesHon,  acting  upon  the  best  lights  before  them,  and  exercising  their  best 
judgment.  They  must  perform  that  duty;  and  their  honest  action  cannot 
in  this  manner  be  inquired  into.  But,  we  apprehend,  if  the  views 
of  the  defendant's  coimsel  be  correct,  the  validity  of  this  order 
of  October  5,  would  not  be  aifected  by  it;  for  the  power  to  alter 
and  change  districts,  when  once  established,  is  expressly  given  to  the 
Trustees,  by  the  same  section — the  only  limitation  being,  that  it  shall  be 
done  at  a  regular  meeting  cf  the  Board, 

The  record  shows,  that  the  consolidation  of  districts,  which  is 
no  more  than  a  change  of  the  districts,  was,  at  the  regular  Octo- 
ber meeting  held  for  the  purpose  of  equalizing  certain  districts. 


TRUSTEES.  65 

Those  alterations  and  changes  are,  and  must  be,  'pecullarhj  within  the 
control  of  the  Board,  and  if  they  err  in  their  action,  no  fraud  or  cor- 
ruption being  charged,  this  court  cannot  interfere.  No  palpable  case 
is  made  out ;  no  gross  injustice,  oppression  or  corruption  is  shown. 

But  if  it  could  be  shown  tliat  the  order  changing  the  districts 
by  consolidating  two  districts  into  one,  was  an  unwarrantable 
exercise  of  power,  it  might,  with  propriety,  be  claimed,  that  there 
has  been  an  acquiescence  in  it  by  the  functionaries  of  the  now 
complaining  district  nine. 

The  evidence  is,  that  this  consolidation  was  made  by  an  order 
passed  October  5,  1857,  and  that  immediately  thereafter,  the 
Trustees  of  nine  surrendered  to  the  Trustees  of  the  district  as 
consolidated,  the  possession  of  their  school  house,  and  all  the 
books,  papers  and  property  belonging  to  district  nine.  The  new 
directors  of  the  consolidated  district  took  possession  of  all  of  it, 
employed  teachers,  and  maintained  schools  in  it  from  that  time 
until  this  bill  was  filed.  The  inhabitants  of  district  nine  send 
their  children  to  those  schools — many  of  those  inhabitants  voted 
at  the  elections  held  under  the  school  law  in  the  new  district,  and 
some  of  them  were  voted  for  for  officers  in  the  district.  The 
Directors  of  the  consolidated  district,  at  the  request  of  the  old 
Directors  of  nine,  paid  a  large  sum  of  money  on  the  indebtedness 
of  nine.  The  inhabitants  further  recognized  the  consolidation  by 
petitioning  the  Trustees  to  rescind  the  order  of  consolidation,  and 
place  them  back  in  the  old  district. 

These  acts  go  far  to  show  an  acquiescence  in  the  action  of  the 
Trustees  of  the  township,  and,  at  any  rate,  relieve  the  case  from 
any  imputation  of  gross  injustice,  oppression  or  corruption,  and 
constitute,  at  least,  good  grounds  for  the  refusal  of  the  restraining 
power  of  a  court  of  chancery. 

These  acts,  so  acquiesced  in,  constitute  the  Directors  who 
levied  the  tax  in  the  consolidated  district,  officers,  de  facto,  at 
least,  and  as  against  them  and  their  acts,  the  remedy  is  at  law. 
The  tax  was  levied  at  the  time  prescribed  by  law,  and  on  prop- 
erty, subject  to  taxation  for  school  purposes  in  the  district,  and 
no  irregularity  is  charged  upon  the  mode  or  object. 

We  have  said  in  Merrit  vs.  Ferris,  22  111.,  303,  that  where  irre- 
gularities are  charged,  equity  will  not  restrain  the  collector  of  a 
tax  levied  by  officers  de  jure  or  de  facto,  much  less  then,  when  no 
irregularities  are  charged;  and  the  same  point  was  ruled  in 
Munson  vs.  Wilson,  ib.  602.  In  this'  case  the  court  say :  It  is 
believed  the  cases  are  rare,  even  when  the  tax  had  been  levied 
by  persons  having  no  pretense  of  legal  authority  to  make  such 
levy,  or  in  cases  where  the  tax  was  not  authorized  by  law,  or 
where  the  warrant  for  collection  was  void,  that  courts  have  inter- 
posed to  stay  its  collection  ;  that  in  case  of  a  levy  of  an  illegal 
tax  a  court  of  law  has  jurisdiction.  If  persons  having  no  pre- 
tence of  legal  authority  were  to  levy  a  tax,  or  if  persons  not  hold- 
5 


66  TRUSTEES. 

ing  an  office  to  which  the  power  to  levy  a  tax  is  incident,  or 
holding  an  office  to  which  it  is  not  incident,  were  to  levy  a  tax, 
the  coxirt  miglit  interpose.  But  if  officers,  de  facto  or  de  jure^ 
exercising  an  office  to  which  the  power  is  incident,  exercise  it, 
the  courts  will  not  interpose  to  prevent  its  collection. 

We  cannot,  in  such  a  case  as  this,  try  the  right  of  the  Directors 
Vho  levied  this  tax,  to  hold  their  office,  and  do  the  act  in  virtue 
of  it.  If  the  tax  is  illegal  and  is  collected,  the  remedy  at  law  is 
complete  to  recover  bagk  the  money  pai<l.  The  right  to  exercise 
the  office  of  Director  can  be  inquired  into  by  quo  icarranto,  or 
the  original  proceedings  brought  upon  certiorari  and  revised. 

The  remedy  of  the  defendants,  in  every  view  of  this  case,  if 
there  be  a  wrong,  is  at  law,  but  we  think  no  wrong  or  injustice 
has  been  done,  such,  at  least,  as  will  warrant  our  interference. 

The  decree  of  the  court  below  is  reversed,  and  the  bill  is  dis- 
missed. 

The  doctrine  advanced  by  the  Supreme  Court  here  is  plain,  and 
amounts  to  this:  that  Trustees  have  the  legal  right  and  authority 
to  lay  off,  alter  and  change  school-districts,  at  any  regular  meet- 
ing, and  no  vote  or  petition  of  the  people  is  necessary.  This 
decision  is  precedent,  and  all  opinions  and  instructions  emanating 
from  this  Department  must  conform  thereto.  I  have  chosen  to 
insert  this  decision  here,  because  I  desired  to  have  it  stand  in 
immediate  connection  with  my  comments  upon  duties  and  powers 
of  Trustees  under  the  33df  Section. 

It  is  required  that  Trustees  shall  execute  a  map,  showing  the 
boundaries  of  school  districts  as  laid  off,  which  map  or  maps 
shall  be  changed  to  correspond  with  the  changes  and  alterations 
made  from  time  to  time  in  the  boundaries  of  districts  within  their 
townships.  No  change  or  alteration  of  districts  can  be  legally 
consummated,  until  the  action  of  the  Board  enacting  such  change 
is  put  on  record,  and  a  map  or  plat  made  and  filed  with  the 
County  Clerk. 

Townships  may  be  first  laid  off  into  districts  at  any  meeting  of 
the  Trustees,  but  after  the  township  is  so  laid  off,  the  boundaries 
of  districts  can  only  be  altered  or  changed  at  a  regular  meeting, 
held  on  the  1st  Monday  of  April  or  the  1st  Monday  of  October. 
If  a  proposition  to  divide,  alter  or  change  any  district  or  districts 
has  been  submitted  at  a  regular  meeting  and  partially  acted  upon, 
the  business  may  be  finished  up  at  an  adjourned  meeting  held  on 
another  day,  and  it  is  held  that  such  action  is  lawful. 

Districts  may  be  formed  out  of  two  or  more  townships  \_Sec 


TRTTSTEES.  67 

33,]  in  wliich  case  it  is  required  that  the  Trustees  of  the  townships 
interested  shall  act  in  conjunction.  When  so  formed,  districts 
cannot  be  altered  or  changed  without  the  conjoint  action  of  the 
Trustees,  as  in  case  of  formation  of  such  districts.  It  is  not 
necessary  that  the  separate  Boards  meet  m  joint  session,  but  only 
that  a  majority  of  each  Board  agree  to  the  action  proposed. 

3.  The  District. — The  Trustees  are  required  [Sec.  34]  to  make, 
at  each  regular  semi-annual  meeting,  an  equitable  partition  and 
distribution  of  the  State,  county  and  township  funds  on  hand  and 
ready  for  distribution  at  the  time  of  such  regular  meeting.  The 
conditions  uj)on  which  the  semi-annual  apportionment  of  school- 
moneys  is  to  be  made  are  stated  in  the  34^A  Section,  viz. :  First, 
two  per  cent,  of  the  amount  on  hand  and  to  be  apportioned,  is  to 
be  deducted  and  paid  to  the  township  Treasurer,  as  compensation 
for  the  custody  and  disbursements  of  the  funds  entrusted  to  him ; 
Second,  whatever  may  be  due  for  books  of  Treasurer ;  Third, 
such  an  amount  as  may  be  necessary  for  the  purpose  is  to  be 
deducted  to  pay  any  expenses  legally  incurred  by  the  Board  in 
dividing  school  lands,  making  plats,  or  for  the  purchase  of  books, 
stationery,  &c.,  for  their  own  use;  Fourth,  "of  the  balance,  one 
half  shall  be  divided  among  the  districts  in  proportion  to  the 
number  of  children  under  twenty-one  years  of  age  in  each,  and 
the  other  half  in  jDi'oportion  to  the  attendance  certified  in  the 
schedules." 

The  basis  of  ai^portionment,  as  quoted  from  the  Law,  in  the 
last  clause  of  the  foregoing  paragraph,  was  determined  upon  by 
the  Legislature,  after  much  and  patient  discussion,  as  being  the 
most  equitable  and  politic  that  could  be  enacted.  The  apportion- 
ment is,  in  design,  a  capitation  grant  of  money  for  the  education 
of  the  children  of  the  State,  It  is  as  if  the  State  had,  from  closest 
calculation,  ascertained  the  minimum  cost  per  child  of  a  common 
school  education,  and  had  engaged  to  furnish  the  means,  accord- 
ing to  such  minimum  rate  of  schooling,  for  educating  every  child 
of  school-going  age  within  her  borders.  This  is  the  theory  of 
the  Law.  The  end  proposed  by  the  State  sometimes  fails  jt^rac- 
tically,  for  the  amount  appropriated  to  each  and  every  child  is 
not  always  equal  to  the  cost  of  the  education  of  each  and  every 
child.  Then,  the  deficiency  is  supplied  by  local  means.  If  the 
money  which  the  State  gathers  from  various  sources,  and  consoli- 
dates into  a  common-school  fund,  is  raised  for  the  specific  and 


68  TRUSTEES. 

only  purpose  of  giving  to  each  and  every  child  a  free  education 
in  the  district  school,  then  clearly  the  money  thus  raised  should 
be  so  apportioned  and  distributed  that  each  and  every  child  who 
is  being  educated  shall  receive  the  benefit  of  the  grant.  This  end 
is  secured  in  the  apportionment  law,  as  contained  in  the  Z\th 
Section.  Any  other  basis  of  apportionment  would  be  illegitimate. 
To  disburse  this  fund  upon  a  territoricd  basis  would  be  unjust, 
because  in  that  case  the  money  would  go  where  the  territory  is, 
and  often  the  territory  is  found  where  the  children  are  not.  To 
apportion  the  money  upon  the  basis  of  assessed  valuation  of  prop- 
erty would  be  illegitimate,  as  respects  the  purpose  of  the  State  in 
giving  the  money,  for  the  reason  that  the  least  wealthy  and  pros- 
perous portions  of  the  State  maybe  the  most  populous,  and  again 
the  money  would  go  where  the  children  are  not.  To  distribute 
the  funds  upon  the  basis  of  lohole  popxdation.,  including  adults, 
would  be  illegitimate,  since  the  money  is  devoted  to  children  and 
not  to  adults,  and  so,  in  the  precise  proportion  that  adults  were 
included  in  the  enumeration  would  children  be  deprived  of  their 
rights,  as  contemplated  by  the  Law.  But  when  the  doctrine  is 
avowed,  as  it  is  in  the  Law,  that  the  school  money  of  the  State 
shall  be  exjjendod  for  the  schooling  of  the  children  of  the  State, 
the  basis  of  distribution  must  be  children.  And  so  it  is.  "  One 
half  shall  be  divided  among  the  districts  in  proportion  to  the 
number  of  children  under  twenty-one,  and  the  other  half  in  pro- 
portion to  the  attendance  certified  in  the  schedules."  The  money 
is  given  only  to  districts  in  which  schools  are  kept,  so  that  the 
State  guards,  as  far  as  practicable,  against  any  useless  expenditure 
of  its  funds,  by  denying  to  districts  where  no  schools  are,  any 
participation  in  the  common  bounty.  The  money  is  given  in 
increased  proportion  to  those  districts  which  show  a  maximmn  of 
time  during  which  schools  are  kept  in  operation,  and  a  maximum 
of  attendance  during  the  time  the  schools  are  kept  open.  Thus, 
the  common  school  money  is  distributed  where  it  is  shown  the 
children  are  attending  school,  and  its  proportion  is  increased,  as 
the  school-going  population  manifests  its  appreciation  of  the 
public  benefit  by  constant  and  regular  attendance. 

The  following  instructions  of  Mr,  Bateman,  explanatory  of  the 
duties  of  Trustees  under  the  apportionment  law  of  the  34^7i  Sec- 
tion,  are  inserted  for  the  benefit  of  those  who  need  them  : 

"  1.     The  first  step  is  to  ascertain  the  whole  amount  on  hand, 


TRUSTEES.  69 

and  ready  for  distribution.  And  here  I  would  recommend  that 
only  cash  in  hand  be  apportioned.  So  many  instances  have  been 
reported  to  this  Office,  in  which  the  interest  due  on  the  township 
fund,  but  not  paid^  has  been  apportioned  to  the  districts,  upon 
the  most  positive  promise  of  the  parties  that  it  would  be  promptly 
paid,  and  where  such  promises  have  not  been  kept,  and  teachers 
and  other  creditors  have  been  disap^jointed,  and  misunderstanding 
and  trouble  have  resulted,  that  I  am  decidedly  of  opinion  that 
the  better  way  is,  for  Trustees  not  to  rely  upon  such  uncertainties, 
but  to  apportion,  as  cash,  that  which  is  cash,  leaving  interest, 
&c.,  due  but  unpaid,  for  the  next  distribution. 

"  2.  The  second  step  is  to  divide  the  amount  on  hand,  into 
two  equal  parts. 

"  3.  The  next  step  is  to  apportion  these  sums  to  the  several 
districts.  To  apportion,  and  to  distribute,  or  pay  out,  are  very 
different.  Tlie  former  is  to  estimate  and  determine  the  just  share 
accruing  to  each  district.  The  latter  is  to  actually  dispose  of 
the  sums  thus  ascertained  to  be  due,  to  the  parties  authorized  to 
receive  them.  Days,  or  months  even,  may  elaj)se,  between  ap- 
portionment and  distribution. 

"  4.  The  last  step  in  the  process,  is  to  pay  over  the  money,  as 
required  by  the  Directors,  in  their  certificates  on  the  schedules, 
or  by  a  special  order. 

"  Let  us  take  a  case  : 

"     I.     We  have  $5,000,  on  hand. 

"   II.     We  divide  into  equal  parts,  |2,500,  each. 

"III.     We  apportion  |2,500,  on  census. 

"  There  are  four  Districts  in  the  Township,  from  which  the  re- 
turns of  children  under  twenty-one  are  as  follows : 

District  No.  1  has  800  children. 
District  No.  2  has  100  children. 
District  No.  3  has  600  children. 
District  No.  4  has  500  children.' 

Total 2600  children. 

"We  then  say: 

Census  Census  Dollars.  Dolls,  cts. 
2600   :  800  ::    2500   :    769  23— Amount  due  District  No.  1. 
673  08— Amount  due  District  No.  2. 
576  92 — Amount  due  District  No.  3.     - 
480  77— Amount  due  District  No.  4. 


2600 

:  700  : 

:  2500 

2600 

:  600  : 

:  2500 

2600 

:  500  : 

:  2500 

2600   :  2600  ::  2500   :  2500  00     Proof. 


70  TRUSTEES. 

"  IV.     We  now  apportion  $2500,  on  attendance  certified  in  the 
schedules. 

"The  grand  totals  of  days'  attendance,  certified  in  the  several 
schedules  are  as  follows : 

District  No.  1  reports  12000  days. 
District  No.  2  reports  8000  days. 
District  No.  3  reports  6000  days. 
District  No.  4  reports    4000  days. 


Total 30000  days. 

"  We  then  say  as  before  : 

Days      Days    Dolls.  Dolls. cts. 

30000  :  12000  ::  2500  :  999  99— Amount  due  District  No.  1. 
30000  :  8000:  :  2500  :  666  66— Amount  due  District  No.  2. 
30000  :  eoOO:  :  2500  :  499  99— Amount  due  District  No.  3. 
30000   :  4000  ::  2500  :  333  3G— Amount  due  District  No.  4. 


30000  :  30000  ::  2500  :  2500  00     Proof. 

"  Our  Treasurer  then  makes  entries  in  his  Cash  Book  as  fol- 
3ows : 

A.  B. ,  Treasurer  op  T E ,  &c. 

In  account  mth  District  No.  1. 

To  distributive  share  on  census $769  23 

To  distributive  share  on  schedule 999  99 

Amount $1169  22 

And  in  the  same  manner,  for  each  District. 

"  The  money  is  now  duly  apportioned  to  the  Districts.  The 
Trustees  have  nothing  more  whatever  to  do  with  a  dollar  of  it, 
except  to  instruct  the  Treasurer  to  pay  it  out  on  the  proper  order 
of  the  Directors." 

In  making  the  semi-annual  apportionment  and  distribution  of 
school  moneys  to  the  districts,  the  Tn^stees  should  faithfully  apply 
and  rigidly  enforce  the  legal  condition,  commonly  known  as  the 
six-months  rule.,  excepting  in  cases  where  the  operation  of  that 
rule  has  been  temporarily  suspended  for  the  relief  of  any  certain 
district  by  authority  of  the  State  Department.  The  doctrine  of 
the  six-months  rule  is  this  :  No  district  is  entitled  to  share  in  any 
'mse  in  the  distribution  of  the  school  fund,  which  has  not  kept  in 
operation  a  free  schod  for  six  months  at  hast  during  the  School 
year  next  preceding  that  in  which  demand  is  made  for  payment. 
To  illustrate  the  application  of  this  rule,  take  the  cases  of  two 


TKUSTEES.  71 

districts,  No.  1  and  No."  2.  lu  district  No.  1  a  free  school  was 
kept  in  operation  for  six  months  during  the  school  year  commenc- 
iug  October  1st,  1862,  and  closing  September  30th,  1863,*  but  no 
school  has  been  kept  in  said  district  since  the  commencement  of 
the  present  school  year,  October  1st,  1863.  Under  the  law,  said 
district  No.  1  would  be  entitled  to  draw  public  money  at  the 
April  and  October  apportionments,  1864,  because  it  had  complied 
with  the  six  mouths  condition,  and  had  kept  a  free  school  for 
six  months  during  the  school  year  next  preceding  that  in  which  demand 
was  made  for  payment.  District  No.  2  kept  no  school  for  six  months 
during  the  school  year,  commencing  October  1st,  1862,  and  end- 
ing September  30th,  1863,  but  has  kept  a  school  for  six  months  during 
the  school  year,  commencing  October  1st,  1863.  Under  the  six- 
months  rule,  district  No.  2  could  not  be  entitled  to  any  public 
money  in  April  and  October,  1864,  for  the  reason  that  it  had  not 
complied  with  the  condition,  and  had  not  kept  a  school  for  six 
months  during  the  school  year  next  preceding  that  in  which  the 
demand  was  made  for  payment.  District  No.  1  is  entitled  to 
di'aw  public  money  this  year  on  account  of  school  kept  last  yea/r^ 
but  w'lW-fail  to  draw  next  year  on  account  of  failure  to  keep  a  six- 
months  school  this  year.  District  No.  2  is  not  entitled  to  draw 
public  money  this  year  on  account  of  its  failure  to  keep  a  six- 
months'  school  last  year^  but  will  draw  public  money  next  year  on 
account  of  school  kept  this  year.  In  other  words,  the  rule  always 
has  reference  to  the  school  year  next  preceding. 

The  six-months  rule  does  not  apply  to  districts  newly  organized. 
If  a  district  was  first  organized  October  1st,  1863,  and  has  kept 
school  for  any  length  of  time  since,  it  is  entitled  to  draw  public 
money  in  April  and  October,  1864,  but  its  further  right  to  draw 
money  will  depend  upon  its  further  compliance  with  the  six-months 
requii'ement. 

It  is  not  required  that  a  school  be  kept  in  operation  for  six 
cofisecutive  months  during  any  school  year  to  entitle  the  district 
in  which  said  school  is  kept  to  draw  public  money.  It  is  sufficient 
if  the  school  is  kept  in  operation  for  six  months,  though. one  term 
of  the  school  be  held  in  one  part  of  the  school  year,  and  anot/ier 
term  of  the  school  be  held  in  another  part  of  the  school  year. 
If  the  terms  tahen  together  are  equal  to  six  months,  the  district  is 

*  Every  school  year  commences  October  1st,  and  closes  September  30th. 


72  TKTJSTEES. 

entitled  to  draw  i^ublic  money,  provided  tliat  tlie  terms  be  held 
during  the  same  school  year. 

It  is  required  by  the  six-months  rule,  that  each  district  shall 
keep  a  school  in  operation  for  six  months  during  each  and  every 
school  year.  If  a  district  has  kept  a  school  for  nine  months  during 
last  school  year,  and  has  kept  a  school  for  only  three  months  during 
the  present  school  year,  it  is  not  legitimate  to  carry  over  the  three 
months'  excess  of  last  year  to  make  iip  the  deficiency  of  this  year. 
True,  the  school  has  been  kept  twelve  months  during  the  two  years, 
but  the  condition  of  the  la^v  is,  that  school  shall  be  kept  for  six 
months  in  each  and  every  school  year,  -which  is  not  true  of  the 
district  named,  7io  school  having  been  kept  for  six  months  during 
ihe  present  school  year,  and  so  the  condition  is  not  satisfied.  It  is 
not  lawful,  therefore,  for  Trustees  to  average  the  time  a  district 
may  have  kept  school  for  a  course  of  years,  and  apply  the  excess 
of  time  in  one  school  year  to  make  up  the  deficiency  of  time  of 
another  school  year. 

The  duty  of  Trustees  is  to  enforce  this  condition  of  the  law 
with  the  most  inflexible  strictness  and  fidelity.  Every  delinquent 
district  should  be  firmly  and  peremptorily  denied  the  benefit  of 
any  participation  m  the  semi-annual  distribution  of  the  public 
funds.  All  the  Trustees  need  to  know,  is  the  fact  of  delinquency, 
not  the  causes  of  it.  They  have  then  but  one  course  to  pursue, 
viz. :  to  withhold  thejjublie  moiiey.  Even  though  they  may  know 
that  the  failure  to  comply  with  the  law  was  occasioned  by  severe 
and  unavoidable  misfortunes,  and  that  the  withholding  of  the 
public  money  will  work  a  hardship  toward  the  sufiering  district, 
yet  they  have  no  power  to  suspend  the  coiu'se  of  the  law.  Relief 
in  such  cases  must  come  from  another  source,  and  unless  it  shall 
come  from  that  other  source,  it  cannot  come  at  all.  The  State 
Superintendent  may  interpose,  for  adequate  cause,  for  the  relief 
of  a  suffering  district,  and  may  require  the  Trustees  not  to  with- 
hold the  public  money,  in  which  case  the  district  will  be  admitted 
to  share  in  the  distribution.  But  in  the  absence  of  sj»ec(/?c  instruc- 
tions from  the  State  Superintendent,  relieving  a  district  from  the 
operation  of  the  law,  the  Trustees  have  no  alternative — the  law 
must  be  enforced. 

In  making  the  semi-annual  apportionment.  Trustees  are  required 
[Sec.  34]  to  distribute  to  the  districts  of  their  township,  "  one  half 
[of  the  distributive  fund]  in  proportion  to  the  attendance  certified 


TRUSTEES.  Is 

in  the  sclaedules."  Before  apportioning  upon  schedules.  Trustees 
should  satisfy  themselves  that  they  are  conformed,  in  all  material 
points,  to  the  form  of  schedule  as  given  in  SSbtion  53  of  the 
School  Law.  The  schedule  is  the  only  substantial  and  reliable 
evidence  that  the  Trustees  have  to  assure  them  that  the  school 
was  "  conducted  according  to  law."  It  must  therefore  fully  and 
fairly  exhibit  the  facts  required  by  law,  and  must  be  accredited 
[aS^c.  53]  by  the  certificates  of  the  Teacher  and.  at  least  two 
Directors.  If  it  be  discovered  that  the  schedule  is  not  in  proper 
form,  or  that  it  does  not  conform  to  the  law  in  any  material  point, 
it  should  be  returned  (if  possible)  to  the  Directors  for  amend- 
ment. No  advantage  should  be  taken  of  any  merely  technical 
non-conformity  to  the  law,  and  the  interests  of  the  district  should 
not  on  any  such  account  be  prejudiced,  through  the  ignorance  or 
inadvertence  of  its  officers.  Although  by  a  strict  and  technical 
test,  a  faulty  schedule  might  be  rejected,  and  the  Trustees  would 
be  legally  justified  in  such  rejection,  yet  fairness  and  kind  dealing 
would  suo-orest  the  reference  back  of  the  defective  instrument  for 
purposes  of  correction  and  amendment.  The  case  is  different 
where  the  Trustees  Jcnoic,  or  have  good  reason  to  suspect,  that 
deception  or  fraud  is  meditated.  Under  such  circumstances,  a 
careful  investigation  should  be  entered  into,  that  the  attempted 
dishonesty  may  be  exposed.  Before  apportioning  upon  schedules, 
however,  the  Trustees  shorJd  require  that  they  be  substantially 
conformed  to  the  Law,  as  found  in  Section  53. 

It  is  not  required  of  schedules  that  they  cover  each  a  period  of 
six  months,  before  they  can  be  apportioned  upon.  It  has  been 
already  said  that  a  school  need  not  be  taught  six  consecutive 
months  to  entitle  it  to  share  in  the  semi-annual  distribution,  but 
it  may  be  kept  two  terms  of  three  months  each,  or  differently,  so 
that  it  be  kept  open  for  at  least  six  months  during  the  school  year. 
Schedules  which  are  returned  in  time,  from  districts  which  have 
complied  with  the  six-months  requirement,  must  be  apportioned 
upon,  without  any  reference  to  the  number  of  months  embraced 
in  them. 

Schedules  are  required  to  be  filed  by  Dii'ectors  \_Sec.  54]  at 
least  two  days  before  the  semi-annual  meetings  of  the  Trustees  in 
April  and  October.  The  schedules  to  be  entertained  by  the 
Trustees  are  those  and  those  only  which  relate  to  schools  kept 
during  the  six  months  next  preceding  each  regular  meeting  of 


74  TRUSTEES. 

the  Board.  At  any  regular  meeting  of  the  Trustees,  those  sched- 
ules and  those  only  which  pertain  to  schools  kept  during  the  six 
months  immediately  next  preceding  the  time  of  such  regular 
meeting,  will  be  entertained  and  apportioned  upon.  For  example : 
At  the  Trustees  meeting  to  be  held  on  the  1st  Monday  of  October, 
1864,  the  schedules  of  all  Schools  In  the  township  which  shall 
have  been  kept  since  April  1st,  186 A,  will  be  passed  upon  by  the 
Trustees.  But  the  schedule  of  a  school  kept  during  the  months 
of  January,  February  and  March,  1864,  or  at  any  time  prior  to 
their  regular  meeting  in  April,  1864,  will  not  be  entertained  by 
the  Trustees  at  their  meeting  in  October,  1864,  because  said 
schedule  is  not  returned  to  them  "  at  the  time  fixed  by  law." 
The  time  fixed  by  law  for  the  return  of  that  schedule  was  April^ 
1864.  Distinctly,  the  schedules  of  all  schools  taught  from  April 
1st  to  September  30th  of  any  school  year,  must  go  before  the 
Trustees  at  their  regular  meeting  in  the  Octoher  following ;  the 
schedules  of  all  schools  taught  from  October  1st  to  March  31st 
of  any  school  year  must  be  presented  to  the  Trustees  at  their 
regular  meeting  in  the  ensuing  April.  If  a  school  commence  on 
the  1st  of  March  of  any  school  year,  and  continue  three  months,  the 
schedule  for  March  must  be  passed  upon  by  the  Trustees  at  their 
regular  meetmg  in  April,  and  the  schedule  for  April  and  May  must 
go  before  the  Trustees  at  their  regular  meeting  in  Octoher  follow- 
ing. All  schedules  are  passed  upon  and  disposed  of  at  each 
regular  meeting  up  to  date,  and  Trustees  can  take  no  ofiicial  cog- 
nizance of  schedules  pres^ented  to  them  which  date  back  to  a  period 
longer  than  six  months  from  such  presentation. 

Where  separate  schedules  are  returned  to  the  Trustees,  show- 
ing the  attendance  of  pupils  at  a  school  in  a  certain  district  which 
have  been  transferred  from  another  and  adjoining  district,  it  is 
the  duty  of  the  Trustees  to  apportion  upon  said  separate  sched- 
ules, as  is  referred  to  in  Sectioyi  35.  In  making  the  apportionment 
upon  separate  schedules,  the  Trustees  will  remember  that  each 
district  in  their  township  is  entitled  to  receive  all  the  money  due 
on  schedules  of  its  own  pupils,  wherever  they  may  have  attended  school, 
whether  in  their  own  district  or  in  another.  The  district  to  Vfhich 
the  children  belong  is  entitled  to  all  money  apportioned  upon  their 
attendance  at  school,  whether  the  register  of  such  attendance  be 
kept  at  their  own  district  school,  or  in  a  neighbormg  school,  situ- 
ated in  another  district.     Whenever,  then,  a  separate  schedule 


TKUSTEES.  75 

comes  before  them,  tlie  money  to  be  apportioned  upon  that  sched- 
ule is  due  to  the  district  where  the  children  reside  whose  attend- 
ance is  certified  to  in  said  separate  schedule.  Say  ten  children 
who  reside  in  district  No.  1,  have  attended  school  in  district  No. 
2,  which  attendance  has  been  certified  to  by  the  Teacher  and 
Directors  of  No.  2  in  separate  schedule.  The  money  apportioned 
upon  such  separate  schedule  will  go  to  district  No.  1,  and  the 
means  are  thus  furnished  to  No.  1  to  discharge  the  expense  which 
the  foreign  schooling  of  its  children  has  entailed.  By  authority 
conferred  in  Section  35,  the  Trustees,  after  having  apportioned 
upon  the  separate  schedule  as  above,  and  having  ascertained  the 
amount  due  the  Teacher  in  district  No.  2  on  said  sejjarate  sched- 
ule, for  tuition  of  children  belonging  to  district  No.  1,  may  imme- 
diately order  their  Treasurer  to  pay  the  amount  so  due  to  said 
Teacher,  out  of  moneys  belonging  to  district  No.  1. 

If,  in  t^e  case  supposed,  district  No.  1  and  district  No.  2  are 
situated  in  two  townships,  the  separate  schedule  should  be  re- 
turned by  the  Directors  of  No.  2  to  the  Trustees  of  the  township 
in  which  No.  1  is  situated,  that  the  apportionment  may  be  made 
upon  the  basis  of  aggregate  attendance  certified  to  in  both  the 
regular  schedule  of  No.  1  and  the  separate  schedule  returned 
from  No.  2.  It  is  precisely  the  same  as  if  two  schools  had  been 
taught  in  No.  1. 

Upon  the  supposition  that  No.  1  had  either  kept  no  school  or 
had  forfeited  its  right  to  share  in  the  apportionment,  the  course  to 
be  pursued  Avill  be  the  same,  the  Directors  of  No.  1  being  required 
to  provide,  by  special  means,  for  the  payment  to  No.  2  of  the 
tuition  of  their  transferred  pupils,  just  as  if  said  pupils  had  not  been 
transferred^  but  had  been  taught  in  their  home  school. 

If  the  non-resident  pupils  attending  school  in  No.  2,  as  sup- 
posed, live  in  an  unorganized  district,  the  Directors  of  No.  2  will 
collect  tuition  of  the  pupils  themselves,  or  of  their  parents  or 
guardians,  just  as  in  the  case  of  persons  attendmg  school  over 
twenty-one  years  of  age. 

Trustees  are  required,  [Sec.  39]  when  a  district  shall  be  divided, 
or  a  portion  of  one  district  is  set  ofi"  to  another,  to  divide  the 
funds,  propei'ty,  &c.,  of  the  original  district,  and  distribute  the 
same  to  the  several  parts  interested  therein.  If  the  property 
should  be  sold„(as  may  be  done,  under  Section  39,)  then  the  pro- 
ceeds of  the  sale  must  be  equitably  divided  and  distributed. 


16  TBUSTEES. 

Provision  is  made  [Sec.  39]  for  selling  the  school-house  and 
premises  of  a  district,  when  in  the  opinion  of  the  Directors  said 
house  and  site  have  become  unnecessary,  unsuitable,  or  incon- 
venient for  the  use  of  the  district.  The  Trustees  are  authorized, 
in  such  cases,  to  sell  the  property,  at  the  instance  of  the  Direct- 
ors, after  giving  twenty  days'  notice  of  such  sale,  "  by  posting 
up  written  or  j^rinted  notices  in  public  places,  particularly  de- 
scribing said  property  and  terms  of  sale,  and  such  conveyance 
shall  be  executed  by  the  president  and  clerk  of  said  Board,  [of 
Trustees]  and  the  avails  shaU  be  paid  over  to  the  township  Treas- 
urer for  the  benefit  of  said  district." 


TREASUEER.  77 


TOWNSHIP  SCHOOL  TREASURER. 

APPOINTMEJf  T. 

The  Treasurer  af  Schools  for  each  township  is  appointed  [Sec. 
32]  by  the  township  Board  of  Trustees.  He  is  entitled  to  hold 
his  office  during  the  term  for  which  said  Trustees  were  elected, 
and  until  his  successor  shall  have  been  appointed,  and  shall  have 
executed  a  bond,  as  required  by  law,  unless  he  shall  be  sooner 
removed  from  office  by  the  Trustees. 

Before  entering  upon  the  duties  of  his  office,  the  Treasurer  is 
required  [Sec.  55]  "  to  execute  a  bond,  Avith  two  or  more  free- 
holders, who  shall  not  be  members  of  the  Board,  as  securities, 
payable  to  the  Board  of  the  township  for  which  he  is  appointed 
Treasurer,  with  a  sufficient  penalty  to  cover  all  liabilities  which 
may  be  incurred,  conditioned  fiiithfully  to  perform  all  the  duties 
of  township  Treasurer,  according  to  law."  The  bond,  when 
executed  and  approved  by  the  Board,  shall  be  filed  with  the 
School  Commissioner  of  the  county.  The  form  of  Treasurer's 
bond  is  given  in  Section  55.  For  neglect  of  duty,  or  malfeasance 
in  office,  the  Treasurer  may  be  sued  on  his  bond,  suit  being 
brought  [Sec.  40]  by  the  Trustees.  Upon  the  election  of  a  new 
Board  of  Trustees,  or  the  re-election  of  an  old  Board,  the  Treas- 
Tirer  should  execute  a  new  bond.  This  is  not  only  required  by 
law,  but  is  necessai-y  in  justice  to  the  securities,  and  for  the  due 
protection  of  the  public  money.  No  Treasurer  should  be  re-ap- 
pointed until  his  accounts  for  his  preceding  term  of  office  have 
been  carefully  examined  and  audited  by  the  Board  of  Trustees, 
and  until  the  Board  shall  be  entirely  satisfied  of  his  fidelity  and 
efficiency.  On  retiring  from  office,  it  is  the  duty  of  the  Treasurer 
[Sec.  65]  to  pay  over  to  his  successor  all  moneys  in  his  possession 
pertaining  to  his  office,  and  deliver  over  all  books,  papers  and 
documents  of  every  description,  belonging  to  the  corporation, 
and  which  may  have  come  into  his  hands  by  virtue  of  his  office. 
In  default  of  such  delivery,  he  is  liable  to  penal  damages  [Sec. 
65]  to  be  collected  at  law.  The  Treasurer  should  be  a  resident 
of  the  township. 


*IS  TREASURER. 

DUTIES   AKD   POWERS. 

I  shall  separate  the  duties  and  powers  of  Treasurers  into  those 
which  pertain  to  The  Toumship — The  Districts. 

(1.)  The  Totoishijy. — The  Treasurer  is  ex  officio  clerk  of  the 
Board  of  Trustees.  As  such  he  is  required  [*SVc.  56]  to  cuter  in 
a  book  i^rovided  for  the  purpose  the  proceedings  of  all  the  meet- 
ings of  the  Board,  recording  all  their  doings,  registering  all  their 
rules,  orders,  resolutions,  &c.,  that  they  may  be  preserved  in  per- 
manent form  for  future  use  and  reference.  The  book  so  kept  shall 
be  at  all  times  open  to  the  inspection  and  examination  of  the 
Trustees  and  any  others  interested  in  the  doings  of  the  Board. 

(2.)  The  Treasurer  is  required  [Sec.  56]  to  indite  and  keep  in 
his  possession  the  township  (school)  records,  and  is  also  the  legal 
custodian  of  all  papers  and  documents  belonging  to  the  township. 
These  records  shall  be  kept  in  three  volumes,  the  first  book  to  be 
called  the  "  Cash  Book ;"  the  second,  the  "  Loan  Book ;"  the 
thu-d,  the  "  Record."  In  the  Cash  Book  shall  be  kept  a  debit 
and  credit  account  of  all  moneys  (properly  separated  and  classi- 
fied) received  and  paid  out  by  him.  In  the  Loan  Book  shall  be 
kept  an  account  of  moneys  loaned  by  him,  and  returned  to  him, 
noting  particularly  the  land  of  money  loaned,  the  amounts,  the 
parties  to  whom  loaned,  the  time,  rate  of  interest,  &c.  In  the 
Record  shall  be  entered  a  particiilar  description  of  all  notes, 
bonds,  or  other  evidences  of  indebtedness  which  he  may  hold,  or 
which  may  from  time  to  time  come  into  his  possession.  At  each 
semi-annual  meeting  of  the  Board  of  Trustees,  (and  oftener,  if 
required,)  it  is  the  duty  of  the  Treasurer  [Sec.  38,  68]  to  lay  before 
the  Trustees  a  statement. of  the  liusiness  of  his  office,  and  to  sub- 
mit to  their  inspection  and  examination  all  books,  jDapers,  etc., 
pertamiug  to  his  office,  and  to  give  such  other  full  and  detailed 
account  of  his  official  conduct  as  may  be  demanded. 

(3.)  It  is  the  duty  of  the  Treasurer  (as  agent  of  the  Trustees) 
to  collect  and  forward  annually  to  the  School  Commissioner,  at 
such  times  as  may  be  required  by  the  State  Superintendent,  all 
the  school  statistics  of  his  township,  embodying  the  whole  in  a 
full  and  plain  report,  as  prescribed  in  Section  36  of  the  School 
Law. 

(4.)  The  Treasurer  is  the  custodian  of  all  township  funds 
belonging  to  the  schools  of  his  township,  and  is  requii-ed  to  hold 
and  use  them  as  directed  by  law.     He  is  the  agent  of  the  town- 


TEEASUBER.  79 

ship  (corporately  represented  by  its  Board  of  Trustees)  for  the 
management  of  all  its  fiscal  affairs,  so  far  as  its  school  interests 
are  involved.  As  such,  he  is  authorized  to  loan  the  township 
funds,  upon  terms  and  conditions  prescribed  in  Section  57.  '  It  is 
the  duty  of  the  Treasurer,  before  entrusting  «ny  portion  of  the 
township  money  to  one  desiring  or  proposing  to  borrow,  to  assure 
himself  perfectly  by  cautious  inquiry  and  examination,  of  the 
responsibility  of  the  applicant,  to  search  into  and  scrutinize  the 
character  of  the  proposed  personal  securities,  and  to  determine 
satisfactorily,  by  an  appeal  to  the  assessor's  record,  or  otherwise, 
the  condition  and  value  of  the  real  estate  offered  in  mortgage, 
and  to  decline  any  negotiation  with  parties  unless  he  is  thoroughly 
satisfied  that  the  mterests  of  the  township  may  be  secured  against 
loss.  When  perfectly  satisfied  of  the  safety  of  the  investment, 
he  should  require  the  securities  to  be  executed,  according  to  the 
provisions  of  Section  57,  58. 

An  amendment  with  reference  to  the  rate  of  interest  governing 
school-money  loans,  and  which  was  intended  to  define  precisely 
the  meaning  of  the  Law  relating  to  that  subject,  was  proposed 
during  the  meeting  of  the  last  Legislature,  and  but  for  the  sudden 
and  unexpected  adjournment  of  that  body,  would  have  been 
passed.  The  amendment  referred  to  was  explanatory  of  the  ^Ith 
Section,  appointing  the  rate  of  interest  specified  in  that  Section 
as  the  maximum  per  cent.,  and  expressed  in  words  the  discretion 
which  it  was  thought  to  be  the  intention  of  the  Law  to  confer. 
I  re-publish  a  portion  of  a  Circular,  issued  from  this  Department 
on  that  subject,  soon  after  the  adjournment  of  the  Legislature : 

The  necessity  for  the  change  proposed  was  found  in  the  fact 
that  the  Law,  always  construed  with  the  utmost  strictness  by 
school  officers  upon  this  subject,  seemed  to  deny  the  right  to  loan 
school-funds  at  any  other  rate  of  interest  than  ten  per  cent.  Cor- 
rectly understood,  it  is  believed  that  the  Law  does  not  deny  that 
right,  but  in  specifying  a  rate  per  cent,,  as  found  in  Section  57,  it 
is  only  intended  to  fix  the  maximum  per  cent,  and  not  an  unvary- 
ing figure  from  which  no  deviation  will  be  indulged.  Otherwise 
the  very  object  of  the  Law  would,  in  many  cases,  be  defeated, 
since  it  might  not  always  be  possible  to  loan  moneys  at  the  maxi- 
mum rate.  Every  consideration  of  prudence  and  sound  policy 
would  urge  upon  the  Legislature  the  necessity  of  providing' 
for  the  perpetual  productiveness  of  the  school  fund,  and  it 
would  be  a  policy  as  short-sighted  as  ruinous  which  would 
operate  prohibitively  upon  school-loans,  and  render  so  largo  an 


80  TKEASUREE. 

amount  of  capital  useless  and  unproductive  in  the  hands  of  school 
officers. 

Let  us  look  at  the  facts  a  moment.  The  total  principal  of  the 
township  school-fund  of  this  State  amounts  to,  say,  iu  round 
numbers  $4,000,000.  The  interest  accruing  from  this  fund  consti- 
tutes a  part  of  the,  distributive  school-moneys  of  the  State,  and  is 
used,  as  far  so  it  may  avail  for  such  purposes,  to  support  our  com- 
mon schools.  Hitherto  the  rate  of  interest  which  our  school- 
capital  has  commanded  has  been  ten  per  cent. ;  so  that  the  annual 
interest-fund  accruing  from  the  loan  of  township  moneys,  and 
upon  which  our  common  schools  have  partly  depended  for  sup- 
port, has  amounted  to  $400,000.  A  sum  so  considerable  as  this, 
it  must  be  apparent,  is  so  material  a  dependence  that  its  with- 
drawal from  the  distributive  fund  of  the  State  must  be  attended 
with  very  serious  embarrassment  to  the  schools,  and  result  in 
many  cases  in  the  material  shortening  of  the  school-term,  and  in 
other  cases  in  the  entire  suspension  of  the  schools.  And  yet,  if 
it  be  contended  that  the  Law  requires  that  all  loans  shall  be  made 
at  ten  per  cent.,  and  ten  per  cent,  only,  the  practical  effect  of  such 
an  interpretation  is  to  withdraw  from  the  distributive  fund  an  amount 
equal  to  the  interest  accruing  upoii  such  loans  at  the  established  rate  per 
cent.  This  effect  will  follow,  because  township  Treasurers  are 
unable  now  to  find  borrowers  of  the  school-fund  at  ten  per  cent, 
interest,  and  without  an  opportunity  for  investment  the  funds 
must  lie  idle  and  unproductive  upon  their  hands. 

It  seems  imnecessary  to  refer  to  the  causes  which  have  pro- 
duced this  state  of  things.  The  unprecedented  expansion  of  our 
currency,  resulting  from  the  late  enormous  issues  of  United  States 
Treasury  notes  is  the  immediate  cause.  There  is  now  in  the  coun- 
try a  superabundance  of  money  capital,  and  investments  are 
eagerly  sought  at  rates  of  interest  ranging  from  six  to  eight  per 
cent.  The  latter  figure,  or  a  lesser  one,  it  may  be,  will  constitute 
the  maximum  rate  per  cent,  on  loans  for  years  to  come  ;  and  under 
such  circumstances  it  is  simply  impossible  to  find  investments  for 
funds  at  ten  per  cent.,  and  that,  too,  under  the  more  rigid  condi- 
tions of  the  School  Law,  by  which  borrowers  are  tied  down  to  an 
accountability  not  paly  most  strict,  but  often  most  inconvenient. 
If  it  be  held  that  the  Law  forbids  (which  cannot  be  maintained) 
the  loaning  of  the  school-fund  at  any  other  rate  than  ten  per 
cent,  then  all  the  school-moneys  found  in  the  hands  of  township 
treasurers,  amounting  in  all  to  nearly  $4,000,000,  are  resolved,  by 
the  invincible  necessities  of  the  times,  into  a  dead  and  unpro- 
ductive capital,  and  our  common  schools  are  to  be  deprived  of 
the  material  succor  which  the  interest  on  that  amount  would 
afford  them. 

The  School  Law  requires  that  *'  the  Treasurer  shall  loan  all 
moneys  which  may  come  into  his  hands  by  virtue  of  his  office." 
The  section  is  not  advisory^  but  mandatory.     "  The  rate  of  in- 


TREASUEBR.  81 

terest  Bhall  be  ten  per  centum."  The  Law  commands  that  to  he 
done,  which,  under  present  circumstances,  can  not  he  done,  if  Treas- 
urers be  allowed  no  discretion.  That  the  Law  intends  this  will 
not  be  presumed.  What  the  law  contemplates  is  simply  this  : 
tliat  the  school  fund  be  rendered  as  largely  productive  and  as  per- 
petualhj  •productive  ^%  possible;  and  that  when  vested  (which  is 
pereaiptorily  required,  that  the  fund  may  incessantly  yield  its 
annual  profits)  it  shall  be  at  the  highest  current  rate  of  interest, 
not  at  a  rate  higher  than  the  highest,  which  would  preclude  invest- 
ment at  all,  and  defeat  the  evident  intention  of  the  Law.  In 
185V,  when  a  rate  of  interest  Avas  established,  the  standard  rate 
per  cent,  was  that  which  is  now  expressed  in  the  Law,  and  capital 
found  ready  borrowers,  and  has,  until  recently,  at  ten  per  cent. 
If,  when  the  School  Law  was  passed,  the  standard  rate  of  inter- 
est had  been  eight  per  cent,  instead  of  ten,  then  eight  per  cent, 
would  have  been  the  maximum  rate  prescribed  in  the  Law.  And  so 
of  any  other  rate  of  interest  which  might  be  supposed.  In  short, 
it  was  unquestionably  the  intention  of  the  Law  to  provide  for  the 
increase  of  the  school-fund  from  year  to  year,  by  commanding  its 
investment  at  such  a  rate  per  cent,  as  would  yield  the  largest 
revenue  for  school  purposes. 

Believing  that  I  have  correctly  conceived  and  expressed  the 
intention  of  the  Legislature  in  directing  the  loaning  of  the  school-fund, 
and  that  it  is  the  purpose  of  the  Law  to  provide  for  its  largest  pro- 
ductiveness hy  perpetual  investment,  and  being  convinced  that  with- 
out some  immediate  official  interposition  for  the  protection  of  this 
great  interest,  the  Common  Schools  of  our  State  must  suffer  a 
serious,  if  not  an  irreparable  injury,  I  have  determined  to  recom- 
mend to  school  Trustees,  whenever  in  their  judgment  it  is  clearly 
necessary,  to  authorize  the  Treasurers  of  their  townships  respect- 
iwely  to  loan  the  school-moneys  of  the  township  at  any  rate  per 
cent.,  not  less  than  six,  which  they  may  determine.  I  feel  justified 
in  recommending  this  expedient,  for  several  reasons  : 

1.  It  is  the  duty  of  the  State  Superintendent  to  provide,  by 
such  means  "  as  he  may  think  necessary  and  expedient,"  for 
carrying  into  "  full  effect  the  provisions  of  this  Act,"  and  to 
"explain,  interpret,  and  determine,  the  true^intent  and  meaning" 
thereof.  I  have  accordingly  stated  indisputably  the  true  intent 
and  meaning  of  the  Law,  which  is  that  the  township  school-fund 
be  rendered  perpetually  productive  by  permanent  investment  as  a 
loan,  at  the  highest  current  rates  of  interest. 

2.  The  recommendation  does  not  involve  a  violation  of  Section 
57,  nor  affect  in  any  way  the  general  integrity  of  the  School  Law, 
but  is  simply  explanatory  of  its  intent  and  meaning.  The  views 
herein  expressed  are  confirmed  by  others  whose  opinions  are  en- 
titled to  consideration,  and  I  am  assured  by  high  judicial  author- 
ity that  the  course  of  action  here  recommended  will  be  sustained 
by  the  courts. 


82  TREASITREK. 

3.  Universally  approved  as  the  recommendation  must  be,  the 
provisional  remedy  here  suggested  is  not  likely  to  lead  to  any 
actual  dissatisfaction  before  the  meeting  of  the  next  Legislature, 
at  which  time  the  present  ambiguity  of  the  law  can  be  removed, 
and  its  true  meaning  more  precisely  defined. 

Township  Treasurers  are  not  authorized  to  loan  funds  for  less 
than  sir  months,  nor  more  than  five  years.  For  aU  loans  of  one 
hundred  dollars  or  less,  for  one  year  or  less,  approved  personal 
securities  shall  be  taken ;  for  all  loans  exceeding  one  hundred 
dollars,  or  for  all  sums  loaned  for  more  than  one  year,  real  estate 
securities  shall  be  required,  duly  executed  in  the  form  of  mort- 
gage, the  real  estate  so  mortgaged  being  unincumbered,  and  in  value 
equal  to  double  the  amount  of  money  loaned.  Additional  security 
may  be  required,  when  deemed  necessary.  "  A  mortgage  upon 
real  estate,  which  has  been  recorded,  does  not  lose  its  lien  or 
pi'iority,  by  failing  to  foreclose  when  it  becomes  due.  It  retains 
its  lien  until  the  debt  becomes  barred  by  the  statute  of  limita- 
tion." 

Treasurers  are  required  to  exercise  a  careful  and  constant  vigi- 
lance over  the  amounts  loaned  by  them  and  outstanding,  and  to 
make  prompt  collections  of  interest  as  it  falls  due.  Authority  is 
conferred  upon  Treasurers  \_Sec.  61]  to  institute  legal  proceedings 
against  borrowers  of  the  township  school  funds  in  cases  where 
interest  is  due  and  unpaid,  and  under  this  authority  payment  may 
be  enforced  against  defaulting  parties  after  the  interest  has  be- 
coms  due.  This  law  makes  it  the  duty  of  the  Treasurer  to  pro- 
ceed to  the  collection  of  all  claims  due  the  township,  after  they 
shall  have  matured ;  and  if,  in  consequence  of  neglect,  any  loss 
accrues  to  the  township,  he  (with  his  securities)  becomes  liable 
upon  his  oflicial  bond.  If,  however,  the  delay  to  collect,  as  avithor- 
ized  by  Section  61,  be  occasioned  by  an  order  of  the  Board  of 
Trustees,  (who  it  would  seem  have  power  to  control  the  action 
of  the  Treasurer  in  the  premises,)  duly  passed  and  entered  upon 
their  record,  and  in  consequence  of  such  delay  or  failure  to  col- 
lect, loss  accrues  to  the  township,  then  in  that  case,  the  Trustees 
are  liable  and  not  the  Treasurer.  All  that  is  required  by  the  law 
of  /Section  61  is,  that  the  Treasm*er  be  so  watchful  and  active 
with  reference  to  claims  due  the  township  that  no  loss  may 
be  sustained  by  the  delinquencies  of  borrowers.  A  sound  judg- 
ment should  be  exercised,  and  extreme  measures  only  resorted 


TREASURER.  83 

to  when  they  are  really  necessary  to  protect  the  township  against 
loss. 

By  Section  61,  interest  at  the  rate  of  12  per  cent,  may  be 
charged  and  enforced  at  law  against  parties  borrowing  school 
funds,  upon  default  of  payment  of  principal  when  the  principal 
becomes  due,  said  increased  rate  of  interest  to  be  charged  from 
the  date  of  default.  "  Two  classes  of  cases  are  embraced  by  this 
Act;  one,  where  interest  is  due  and  impaid;  the  other,  where 
princi2)al  is  due  and  payable.  In  the  former  case,  the  amount  of 
unpaid  interest  bears  interest  at  the  rate  of  twelve  per  cent,  per 
annum,  and  it  may  be  sued  for  and  recovered  in  a  separate  action. 
In  the  latter  case,  the  princii^al  bears  interest  at  the  rate  of  twelve 
per  cent,  per  annum  from  the  time  it  falls  due.  The  provisions 
of  this  Act  do  not  apply  to  the  principal  when  the  debtor  is  in 
no  fault  respecting  it.  It  is  only  when  the  principal  is  due  and 
payable  that  the  rate  of  interest  upon  it  is  increased.  A  different 
construction  of  the  Law  could  render  it  highly  penal  in  its  char- 
acter. If  twelve  per  cent,  interest  was  to  be  charged  upon  the 
principal  on  every  failure  to  make  a  payment  of  interest^  it  would 
operate  very  severely  upon  the  debtor.  Loans  may  be  made  for 
five  years,  and  the  penalty  for  failing  to  pay  a  few  installments  of 
interest  might  exceed  the  principal  debt.  Such  a  construction 
ought  not  to  be  put  upon  the  Law,  unless  it  manifestly  appears 
that  it  was  the  design  of  the  Legislature," — Ml.  Rep.  vol.  xiv,  p. 
371.  The  doctrine  of  the  61st  Section  is,  then,  that  all  interest 
accruing  after  it  is  due  and  payable  bears  interest  at  the  rate  of 
twelve  per  cent,  till  paid ;  and  that  principal,  after  it  is  due  and 
payable,  bears  interest  at  the  rate  of  twelve  per  cent,  till  paid, 
said  rate  being  collectible  by  law.  In  cases  arising  at  law,  and 
decided  under  this  Section,  the  interest  as  aforesaid  will  be 
included  in  the  judgment,  and  collected  accordingly. 

Trespassers  upon  common  school  lands  are  liable  to  be  indicted 
and  fined  for  every  act  of  trespass  committed  by  them,  \_Seo.  82] 
and  all  fines  and  penalties  so  assessed  and  collected  under  this 
clause,  are  payable  to  the  Treasurer  of  the  townsh'p  in  which 
such  action  is  had,  the  Law  providing  that  the  amounts  so  col- 
lected shall  be  added  to  the  principal  of  the  township  school  fund. 

Township  Treasurers  or  Trustees  cannot  borrow  the  school 
funds  belonging  to  their  own  townships. 

Tae  Districts. — The  Treasurer  is  the  leQ:al  custodian  and  dis- 


84  TKEASITEER. 

bursing  agent  of  the  several  districts  in  his  township.  The 
amount  of  money  aj^portioned  to  each  district  from  the  distribu- 
tive fund  by  the  Trustees  at  the  regular  semi-annual  meetings 
of  the  Board,  is  paid  over  by  the  Trustees  into  the  hands  of 
the  township  Treasurer  for  the' use  and  benefit  of,  and  subject  to 
the  order  of  the  Directors  of  said  district.  In  like  mannei*, 
moneys  raised  by  special  district  taxation,  or  from  the  sale  of 
district  property,  are  confided  to  the  Treasurer  for  safe  keeping, 
and  are  to  be  paid  out  upon  the  order  of  the  Directors  of  the  dis- 
tricts respectively  to  which  such  funds  belong.  School  Directors 
cannot  withdraw  the  moneys  belonging  to  their  district  from  the 
hands  of  the  township  Treasurer,  and  place  them  in  the  cus- 
tody of  another  person  whom  they  may  appoint  as  District 
Treasurer. 

Orders  drawn  upon  Treasurer  for  District  funds  by  Directors 
must  be  legally  accurate  and  specific,  or  they  may  not  receive 
attention  from  the  Treasurer.  The  order,  when  paid,  is  filed  by 
the  Treasurei',  and  is  of  the  nature  of  a  voucher,  and  must  hence 
be  specific  and  coiTcct. 

An  order,  to  be  legal,  must  be  signed  [Sec.  67]  by  a  majority 
of  the  Board  of  Directors,  or  by  the  president  and  clerk  of  said 
Board. 

An  order  to  be  legal,  must  state  specifically  the  object  and  pur- 
pose for  which  it  is  drawn.  "And  in  all  such  orders  shail  be 
stated  the  purpose  for  which  and  on  what  account  drawn." 
[See.  67.] 

A  Treasurer  has  no  right  to  go  behind  an  order,  to  inquire  into 
the  propriety  of  its  issue,  or  the  correctness  of  its  amount.  If  it 
be  drawn  in  legal  form,  and  for  a  legal  purpose,  and  he  have 
money  in  his  hands  devoted  to  the  pxirpose  for  v^hich  the  order  is 
draic7i,  he  should  promptly  pay  it,  without  delay  or  objection, 
upon  presentation  by  the  rightful  holder.  If  he  have  no  moneys 
in  his  hands  belonmnor  to  the  district  issuinsf  the  order,  that  cause 
of  failure  to  pay  the  sum  ordered  should  be  immediately  reported 
to  the  Directors.  If  the  Treasurer  suspect  that  the  claim  for 
which  the  order  is  drawn  is  a  fraudulent  one,  he  may  advise  the 
Directors  accordingly,  but  if  the  order  be  re-presented  and  its 
payment  urged,  it  is  his  duty  to  pay  it,  taking  receipt  and  filing 
it  with  the  order,  which  will  legally  protect  him  from  conse- 
quences.    No  responsibility  can  in  such  case  attach  to  the  Treas- 


TREASURES.  85 

urer,  but  the  whole  responsibility  will  devolve  upon  the  Directors. 
It  is  to  be  borne  in  mind  that  the  moneys  belong  to  the  district 
and  not  to  the  Treasurer,  who  is  simply  the  keeper  and  holder  of 
the  moneys,  and  is  the  official  agent  of  the  Directors  to  pay  them 
out  as  the  Directors  may  order.  But  the  Treasurer  should  not  jjcrmit 
the  misapplication  of  moneys  iyi  his  hands,  even  on  the  oi'der  of 
the  Directors.  If,  for  instance,  he  has  in  his  hands  special  funds 
which  have  been  raised  to  inirchase  school  sites,  or  to  build  a 
school-house,  he  should  not  pay  out  such  moneys  on  an  order  to 
pay  a  Teacher,  though  ordered  to  do  so  by  the  Directors,  for  the 
reason  that  such  order  would  be  illegal.  In  such  case,  if  there 
should  be  no  apportioned  funds  or  special  school-tax  money  in  his 
hands,  he  should  decline  to  pay  money  on  the  order  at  all,  report- 
ing his  refusal  to  the  Directors,  with  the  cause  of  it. 

Whenever  any  district  has  a  balance  left  in  the  hands  of  the 
Treasurer,  after  its  scJiedules  have  been  paid,  the  Directors  thereof 
may  draw  an  order  at  any  time  for  such  funds,  and  the  Treasurer 
should  pay  it.  "The  equity  and  reasonableness  of  this  view 
must  be  as  apparent  as  its  legality ;  for,  if  there  are  funds .  in  the 
Treasurer's  hands  belonging  exclusively  to  a  given  District,  it  is 
difficult  to  see  why  the  Directors  of  that  district  should  be  required 
to  wait  until  the  semi-annual  apportionment  before  they  can  have 
the  use  of  them ;  for  such  funds  do  not  enter  at  all  into  the  gene- 
ral township  apportionment,  nor  have  the  other  Districts  of  the 
township  any  interest  or  claim  whatever  in  such  funds."  Treas- 
urers should  not  pay  such  order  unless  it  be  specified  in  the  order 
that  the  moneys  aj^plied  for  are  to  be  used  for  legitimate  school 
purposes. 

A  Treasurer  may  not  be  justified  in  rejecting  an  order  for 
money  made  payable  to  a  member  of  the  Board  of  Dii-ectors. 
Section  42  does  indeed  provide  that  a  Director  shall  not  be  inter- 
ested in  any  contract  made  by  the  Board  of  which  he  is  a  mem- 
ber. Still,  a  district  may  become  legally  and  justly  indebted  to  a 
Director,  and  the  claim  of  said  Director  may  in  no  wise  conflict 
with  the  letter  or  spirit  of  that  Section.  In  such  a  case,  the  order 
drawn  in  his  favor  would  be  as  clearly  legitimate  as  if  drawn  in 
favor  of  any  other  person,  and  should  of  course  te  paid  as  read- 
ily. Such  an  order  should  be  signed  only  by  the  other  two 
jDirectors,  in  favor  of  the  Director  to  whom  the  order  is  issued. 

The  Treasurer  should  not  pay  orders  presented  to  him  from 


86  TEEASUEEB. 

Directors,  unless  the  moneys  demanded  are  actually  due.  The 
Treasurer  should  not  suffer  moneys  to  go  out  of  his  hands  unless 
they  are  to  be  expended  in  j)ayment  of  obligations  already  exist- 
ing and  matured.  "  If  Directors  can  draw  funds  from  the  Treas- 
urer to  he  expended  for  articles  not  yet  purchased,  however  use- 
ful and  necessary  those  articles  may  be ;  or  for  contracts  or  parts 
of  contracts  to  he  executed,  however  legal  those  contracts  may 
be  ;  or  for  services  to  he  rendered,  however  legitimate  those  ser- 
vices may  be ;  it  in  effect  authorizes  them,  should  occasion  require, 
to  withdraw  all  the  funds  from  the  township  Treasurer,  and  to 
become,  temj)orari!y  at  least,  themselves  the  custodians  of  those 
funds  instead  of  the  township  Treasurer. 

"  This  would  be  in  conflict  with  the  manifest  intention  of  the 
legislature  in  constituting  the  township  Treasurer  the  only  legal 
depository  and  custodian  of  all  unexj^endcd  townshijo  and  district 
funds,  and  requiring  him  alone  to  give  bond  for  their  safe  keep- 
ing, \^Sec.  55.] 

"It  would  enable  the  directors  to  do  indirectly  what  they  cannot 
do  directly,  which  is  contrary  to  a  familiar  j^rinciple  governing 
the  construction  of  statutes.  The  directors  have  no  authority  to 
claim  or  to  assnme  the  custody  of  district  funds,  for  any  time, 
however  brief,  nor  for  any  purpose,  however  honest  and  legiti- 
mate. They  cannot  appoint  a  local  district  treasurer  (except  in 
cities  and  incorporated  towns,  under  special  acts)  and  transfer 
their  funds  to  his  hands.  They  give  no  bond,  and  are,  therefore, 
in  a  legal  sense,  wholly  irresponsible.  The  funds  are  subject  to 
their  order,  and  may  be  drawn  by  them  in  payment  of  debts 
legally  contracted  and  due.  This  would  seem  to  be  all  that  is 
necessary,  and  it  is  believed  to  be  all  that  is  intended  and 
authorized. . 

"And  if  the  Treasurer  would  not  be  authorized  to  pay  such 
orders  when  drawn  by  the  Directors  in  their  own  favor,  much 
less  would  he  be  justified  in  doing  so  when  such  orders  are  drawn 
in  favor  of  others.  If  prudence  requires  that  not  even  Directors 
should  be  allowed  to  receive  any  part  of  the  funds  in  advance  of 
actual  indebtedness,  still  stronger  reasons  would  forbid  that  others 
should  be  allowgd  to  do  so. 

"  Any  other  practice  than  that  here  recommended  Avould  be 
fraught  with  danger  to  the  funds,  misunderstanding,  and  difli* 
culty ;  or  if  these  evils  should  not  ensue,  it  would  be  because 


TBEASUBEB.  87 

favoring  circumstances  prevented  an  erroneous  principle  from 
producing  its  legitimate  results.  The  purchase  of  the  articles, 
or  the  letting  and  execution  of  the  contract  for  which  the  funds 
were  drawn,  might  be  delayed,  indefinitely  deferred,  or  abandoned 
altogether.  In  the  meantime  the  money,  for  one  reason  or  an- 
other, is  not  returned  to  the  Treasurer ;  perhaps  it  is  converted 
to  private  use  ;  or  it  may  be,  as  it  has  been,  loaned  or  lost.  Once 
admit  that  funds  may  be  drawn  to  meet  anticipated  debts,  and 
the  Treasurer  would  have  no  security  against  fictitious  orders.  It 
is  true,  the  Law  presumes  that  its  agents  are  honest,  but  Treas- 
urers are  not  bound  to  pay  orders  known  to  be  wrong; 

"  A  fair  interpretation  of  the  Act,  as  well  as  the  plainest  consider- 
ations of  prudence,  would  therefore  seem  to  indicate  that  orders 
should  not  be  paid  i;nless  drawn  in  favor  of  hona  fide  creditors 
of  the  Board,  and  in  payment  of  debts  actually  due.'''' 

Schedules,  when  completed  and  properly  certified  to  by  the 
Teacher  and  the  Directors,  are  to  be  filed  \Sec.  53]  with  the 
township  Treasurer,  and  in  default  of  such  return  of  schedule, 
Directors  cannot  legally  draw  an  order  for  the  payment  of  money 
thereon,  nor  can  a  Treasurer  pay  out  money  thereon  to  the 
Teacher  of  the  school  for  which  said  schedule  was  kejDt.  Sched- 
ules must  be  filed  at  least  two  days  before  the  regular  semi-annual 
meeting  of  the  Trustees. 

Schedules  must  be  in  prescribed  form,  or  they  may  be  rejected 
by  the  Treasurer.  Neither  the  Treasurer  nor  the  Trustees  are 
authorized  to  amend,  alter,  or  correct  a  schedule.  The  presump- 
tion is,  that  the  material  facts  set  forth  in  the  schedule  and  in  the 
appended  certificates  are  correct,  and  that  the  schedule  is  justly 
entitled  to  the  amount  certified  to  be  due.  If  it  be  known  by  the 
Treasurer  that  any  statements  contained  in  the  schedule  are  not 
true,  that  oflicer  is  not  authorized  to  make  correction  of  the 
instrument,  but  he  may  remand  it  to  the  Directors  for  such  pur- 
pose, who  alone  are  authorized  to  correct  the  schedule.  All 
corrections  (when  any  are  needed)  should  be  made  by  the  Direct- 
ors before  the  schedule  is  filed  with  the  Treasurer.  But  it  may 
happen  that  some  error  of  form  or  statement  may  escape  the 
attention  of  the  Directors,  and  so  a  schedule  may  come  into  the 
hands  of  the  Treasurer  which  is  technically  faulty.  There  may 
■be  no  legal  obligation  requiring  the  Treasurer  in  such  a  case  to 
receive  such  a  schedule,  or  to  return  it  for  correction,  but  there  is 


88  TKEASUEER. 

an  obligation  in  eqnity  and  charity  to  return  it  to  the  Directors, 
and  no  advantage  should  be  taken  of  such  a  circumstance  to  pre- 
judice the  interests  of  a  district  or  a  Teacher.  "  The  schedules 
of  all  schools  taught  duiing  the  six  months  beginning  with  the 
first  of  April  in  any  year  must  be  certified  by  the  Directors  and 
delivered  to  the  Treasurer  in  time  for  the  Ti-ustees  to  act  upon 
them  at  their  meeting  the  first  Monday  of  October  following,  or 
said  schedules  may  be  rejected.  And  the  schedules  of  all  schools 
taught  during  the  six  months  beginning  Avith  the  first  of  October 
in  any  year  must  be  certified  by  the  Directors  and  delivered  to 
the  Treasurer  in  time  for  the  Trustees  to  act  upon  them  at  their 
meeting  on  the  first  Monday  of  April  following,  or  said  schedules 
may  be  rejected." 

Tax-moneys  collected  by  county  or  township  collectors 
for  the  benefit  of  the  districts  are  payable  to  the  Treasurer, 
[Sec.  45]  upon  his  presentation  to  said  collector  of  the  certi- 
ficate of  the  County  Clerk,  two  per  cent,  of  such  taxes  collected 
being  retained  as  commission  by  the  collector  thereof.  The 
amounts  of  tax-moneys  so  received  by  the  Treasurer  are  to  be 
registered  to  the  credit  of  the  districts  respectively,  and  paid  out 
on  the  order  of  the  Directors.  Collectors  are  not  bound  to  pay 
over  to  township  Treasurers  the  full  amount  of  the  taxes  certified 
to  be  due,  without  reference  to  the  delinquent  taxes  reported.  The 
45«/i  Section  of  the  Law  says :  "  The  said  County  Clerk  shall 
cause  each  person's  tax  so  comj^uted  to  be  set  upon  the  tax  book, 
to  be  delivered  to  the  collector  for  that  year,  in  a  separate  column, 
against  each  tax  payer's  name,  or  parcel  of  taxable  property,  as 
it  appears  in  said  collector's  book,  to  be  collected  in  the  same 
manner,  and  at  the  same  time,  and  by  the  same  persons,  as  state 
and  county  taxes  are  collected."  Under  the  revenue  law,  col- 
lectors are  entitled  to  certain  abatements  for  delinquent  taxes ; 
and  since  school  taxes  are  to  be  collected  in  the  same  manner, 
&c.,  as  state  and  county  taxes  are  collected,  it  is  held  that  col- 
lectors are  entitled  to  the  same  abatements  on  account  of  delin- 
quents in  the  collection  of  school  taxes  that  are  allowed  them 
under  the  revenue  laws  for  collecting  state  and  county  taxes. 

Compensation  of  Treasurer. — The  Treasurer  is  allowed  two 
per  cent,  upoii  all  sums  of  money  paid  out  or  loaned  by  him,  \Sec. 
72]  and  is  entitled  to  fifty  cents  as  a  fee  for  each  and  every  mort- 


TREASUEEE.  '  89 

gage  taken  by  liim  as  security  for  money  loaned  [^Sec.  58.]  The 
Treasurer  is  also  entitled  to  compensation  for  services  rendered 
as  clerk  of  Board  of  Trustees,  as  provided  in  Section  72. 

The  two  per  cent,  of  the  distributive  fund  which  is  set  apart 
to  the  township  Treasurer,  [/See.  34]  is  the  compensation 
which  is  allowed  that  officer  under  the  Law,  as  the  disbursing 
agent  of  the  Board  of  Trustees.  It  is  simply  an  appropriation 
of  money  m  advance  as  compensation  to  an  officer  for  services  to 
he  performed.  The  performance  of  the  services  required  is  the 
condition  precedent  to  the  use  and  benefit  of  the  appropriation, 
and  by  every  rule  of  law  and  equity,  the  money  so  appropriated 
is  due  only  to  the  person  or  officer  rendering  the  service,  since  the 
rendition  of  the  service  is  the  very  consideration  for  which  the 
money  is  set  apart. 

It  has  happened  that  immediately  after  the  apportionment  to 
the  Treasurer  of  two  per  cent.,  as  provided  in  Section  34,  that 
officer  has  resigned,  and  another  has  been  appointed  in  his  place. 
The  question  has  then  arisen,  which  of  the  two  is  entitled  to  the 
two  per  cent,  commission,  as  both  were  claimants.  JBoth  cannot 
receive  two  per  cent,  of  the  amount  to  be  disbursed,  since  the 
Law  contemplates  that  t^oo  per  cent,  only  of  the  funds  apportioned 
shall  be  paid  as  commission  to  the  disbursing  officer.  If  the  two 
per  cent,  so  set  apart  is  in  compensation  for  the  service  of  paying 
out  the  moneys  apportioned,  then  it  is  rightfully  due  to  the  indi- 
vidual who  actually  performs  the  service.  The  newly-appointed, 
and  not  the  retiring  officer,  should  then  have  the  benefit  of  the 
appropriation. 

The  subject  will  be  clear,  if  it  be  considered  that  the  appro- 
priation is  made  to  the  office  for  the  benefit  of  the  incumbent. 
If,  then,  the  office  be  filled  by  one  person  for  a  time,  he  would  be 
entitled  to  the  benefit  of  the  appropriation  during  the  time  of  his 
incumbency,  said  benefit  being  two  j^er  cent,  of  all  moneys  paid 
out  by  Mm.  But  if  he  retires,  and  gives  place  to  another,  for 
any  cause,  he  can  not  carry  with  him  a  right  to  the  future  use  and 
benefit  of  moneys  appropriated  to  the  office,  because  these  pertain 
not  to  the  individual  but  to  the  office  only,  and  would  inure  to 
the  benefit  of  the  succeeding  incumbent. 

Treasurers  are  exempt  from  road  labor,  serving  on  juries,  and 
state  militia  service. 


90  *  DIEECTOES. 


DISTRICT  SCHOOL  DIRECTORS. 

ELECTIOIf. 

Elections  for  School  Directors  are  held  annually,  the  election 
occurring  [Sec.  42]  on  the  first  Monday  in  August  of  each  year, 
at  which  time  (after  the  first  election)  one  Director  is  elected, 
who  is  entitled  to  hold  his  ofiice  for  three  years,  and  until  his  suc- 
cessor is  elected.  In  new  districts,  the  first  election  may  be  held 
on  any  Monday,  (notice  being  given  by  the  township  Treasurer,) 
at  which  time  three  Directors  are  elected,  who  shall,  at  their 
first  meeting,  draw  lots  for  their  respective  terms  of  ofiice,  for 
one,  two,  and  three  years.  Notices  of  all  elections  for  Directors 
(after  the  first)  shall  be  given  by  the  Directors,  at  least  ten  days 
previous  to  the  day  of  election.  Said  notices  (written  or  printed) 
shall  be  posted  up  in  at  least  three  of  the  most  public  places  in 
the  district,  and  shall  sj^ecify  the  purpose  for  which  the  election 
is  to  Tse  held,  the  place  of  voting,  and  the  time  of  opening  and 
closing  the  polls.  At  the  first  election  in  any  district,  the  legal 
voters  present  shall  choose  two  of  their  number  to  act  as  judges, 
and  one  as  clerk  of  said  election.  In  organized  districts,  having 
a  Board  of  Directors,  two  of  said  Board  shall  act  as  judges,  and 
one  as  clerk  of  the  election ;  but  if  said  Directors  fail  to  attend, 
or  refuse  to  act,  then  judges  and  a  clerk  may  be  chosen  from  the 
legal  voters  present.  "  If,  upon  the  day  appointed  for  the  election, 
the  judges  shall  be  of  opinion,  that,  on  account  of  the  small 
attendance  of  voters,  the  public  good  requires  it,  or  if  the  voters 
present,  or  a  majority  of  them,  shall  desire  it,  they  shall  postpone 
said  election  until  the  next  Monday,  at  the  same  place  and  hour, 
when  the  voters  shall  proceed  as  if  it  were  not  an  adjourned 
meeting."  In  case  the  Directors  fail  to  give  legal  notice  of  the 
election  at  the  time  fixed  by  Law,  then  the  election  may  be  held 
on  the  thi)-d  Monday  of  August,  or  any  Monday  followmg,  due 
notice  being  given  of  time  and  place.  In  case  of  a  tie,  the  elec- 
tion is  to  be  decided  by  lot.  Vacancies  in  the  Board  are  to  be 
filled  by  special  election,  held  on  any  Monday,  notice  being  given 
according  to  Section  42.      The  poll  book,  properly  certified  by 


DIRECTORS.  91 

the  judges,  shall  be  delivered  to,  and  filed  by  the  township 
Treasure)'. 

By  a  provision  of  Section  42,  the  Directors  elected  in  new  dis- 
tricts are  required  to  draw  lots  for  the  purpose  of  determining 
their  i-espective  terms  of  office.  This  duty  should  in  all  cases  be 
attended  to  at  the  ^rs^  jjiee^m^  held  after  the  election.  In  some 
instances  this  has  been  entirely  neglected,  and  difficulty  has  after- 
ward arisen  in  consequence  of  the  unwillingness  of  either  of  the 
Directors  to  retire  upon  the  recuiTeuce  of  the  regular  election. 
The  Board  of  Directors  first  elected  should  place  itself  under  the 
LaAV  regularly  and  promptly,  by  complying  with  the  provision  in 
Section  42,  regulating  the  terms  of  office,  and  drawing  lots  at 
their  first  meeting^  as  required.  The  officer  drawing  the  shortest 
term  is  entitled  to  hold  his  office  until  the  next  regular  election  ; — 
the  one  drawing  the  next  shortest,  will  hold,  office  until  the  time 
of  the  second  regular  election  thereafter ; — the  one  drawing  the 
longest  term  will  continue  in  office  untU  the  third  regular  election 
thereafter.  , 

For  certain  causes,  district  elections  may  be  adjourned  or  post- 
poned, if  deemed  expedient  by  the  judges  or  a  majority  of  legal 
voters  present.  The  authority  to  adjourn  or  postpone  an  election 
may  be  exercised,  first^  on  account  of  the  small  attendance  of 
voters ;  second,  when  the  legal  notices  have  not  been  given.  The 
attendance  at  district  elections  is  frequently  so  meagre,  and.  so 
few  of  the  legal  voters  of  the  district  are  present  to  take  part  in  the 
important  business  of  the  election,  that  the  "  public  good  "  abso- 
lutely requires  a  postponement.  This  failure  to  attend  district 
elections  may  be  attributable  to  various  causes,  but  it  is  feared 
that  the  pi-incipal  cause  is  to  be  found  in  the  too  general  indiffer- 
ence of  our  people  to  their  common  school  interests.  To  obviate 
the  evil  of  non-attendance  of  voters  at  district  elections,  it  has 
been  suggested  that  if  the  Law  were  amended  so  as  to  fix  our 
school  elections  upon  the  same  day  that  the  regular  state  and 
county  elections  are  held,  a  full  attendance  of  the  voters  would 
be  secured.  It  is  not  doubted  that  such  would  be  the  result  of 
the  change  suggested,  but  it  is  doubted  whether  the  evil  sought 
to  be  remedied  would  not  be  followed  by  still  sfreater  evils,  result- 
ing from  political  excitements  and  strifes.  It  is  believed  that 
our  present  policy  is  the  better  one,  and  it  is  hoped  that  the 
increasing  interest  of  our  people  in  the  cause  of  education  and 


92  DIRECTOBS. 

common  schools  will  soon  remove  aU  cause  of  complaint  on  the 
account  referred  to.  In  default  of  legal  notice,  the  election  may- 
be ordered  two  weeks  later,  or  may  be  held  on  any  following 
Monday,  as  adjudged  most  expedient,  due  and  timely  notice 
being  given.  This  provision  is  simply  remedial,  and  is  intended 
to  secure  to  districts  the  rights  and  pri-vUeges  of  election  in  cases 
where,  from  unavoidable  contingencies,  the  regular  time  of  elec- 
tion has  come  and  j^assed  without  the  holding  of  the  election  on 
the  day  first  fixed  by  Law.  It  is  not  intended  to  abate  the  duty 
of  Directors  to  order  the  election  on  the  first  Monday  of  August, 
and  should  not  so  be  taken  advantage  of. 

If  it  should  happen  in  the  case  of  any  district,  that  no  election 
is  held  for  Director  during  the  year,  the  consequence  would  be, 
that  the  Director  who  would  have  retired  had  an  election  been 
held,  holds  over  until  the  next  regular  election.  At  that  time,  two 
Directors  should  be  elected — one  for  tioo  years  to  fill  the  place  of 
him  who  holds  over — the  other  for  three  years  to  fill  the  place  of 
him  whose  term  of  ofiice  will  then  rigularly  expire.  The  Director 
so  continuing  in  ofiice,  holds  his  place  only  by  a  contingent  tenure, 
resulting  from  the  default  to  hold  election,  and  cannot  avail  him- 
self of  such  contingency  to  hold  on  in  the  office  for  three  years. 
The  error  should  be  rectified  at  the  earliest  moment,  which  is  at 
the  next  regular  election.  The  first  Director  then  chosen  and  who 
shall  be  elected  to  fill  the  place  of  the  one  holding  over  can  only 
serve  two  years,  because  the  legal  term  is  but  for  three  years,  and 
one  year  of  such  term  has  already  expired.  The  second  Director 
then  elected  will  serve  three  years.  Only  by  this  method  can  the 
regular  order  of  succession  be  preserved. 

It  is  not  required  in  elections  for  Directors  that  candidates  shall 
receive  a  majority  of  aU  the  votes  cast  to  secitre  their  election — a 
plurality  of  votes  is  sufficient.  To  obtain  a  majority^  a  candidate 
must  receive  more  than  one-half  of  all  the  votes  cast ;  to  obtain 
a  plurality,  he  must  receive  more  than  any  other  candidate, 
though  the  numbe/of  votes  so  received  may  be  less  than  one-half 
of  all  the  votes  cast.  Suppose  that  three  candidates  who  are 
voted  for,  for  the  office  of  Director,  receive  votes  as  follows :  A 
receives  12  votes;  B  receives  10  votes;  and  C  6  votes.  A 
would  be  elected  to  the  office,  having  received  more  votes  than 
either  of  the  opposing  candidates.  In  all  district  elections,  held 
for  any  other  purpose  than  the  election  of  Directors,  a  majority 


DIEECTOES.  93 

of  the  votes  must  be  obtained  for  the  proposition  voted  on  to 
carry  it. 

An  election  for  Directors  must  be  held  on  a  Monday — district 
elections  for  other  purposes  may  be  held  on  another  day  of  the 
week.  It  is  not  required  that  the  polls  be  opened  in  the  morning, 
.  and  be  kept  open  all  day,  at  a  district  election.  An  election  may 
be  held  in  the  afternoon  or  evening ;  but  in  such  case  the  notice 
must  distinctly  state  the  time  of  opening  and  closing  the  polls, 
and  ample  time  mast  be  given  for  all  to  vote. 

If  the  legal  voters  of  a  district  assemble  at  the  usual  place  of 
voting,  and  elect  Directors  on  the  day  fixed  by  law,  said  election 
is  valid,  though  no  notices  were  posted.  The  Law  invests  the 
people  with  the  right  to  hold  the  election  on  that  day,  and  this 
right  cannot  be  vitiated  by  any  clerical  error  or  neglect. 

The  time  for  holding  district  elections  is  fixed  by  Law,  and 
elections  should  always  be  held  at  that  time.  But  if  an  election 
is  actually  held  on  any  other  day  than  that  fixed  by  Law,  and  the 
officers  then  elected  proceed  in  good  faith  to  discharge  the  duties 
of  their  office,  their  acts  are  held  to  be  valid  so  far  as  third  parties 
are  concerned,  until  the  validity  of  such  election  has  been  passed 
supon  and  determined. 

Judges  of  district  elections  may  be  sworn,  though  it  is 
not  generally  practiced,  and  is  not  held  to  be  essential.  The 
same  remark  will  apply  to  the  taking  the  oath  of  office  by  Di- 
rectors. 

A  Director  may  resign  his  office  at  any  time,  by  tendering  his 
resignation  to  the  Board  of  which  he  is  a  member.  If  applying 
for  a  resignation  when  not  present  with  the  Board,  the  application 
should  be  in  writing ;  but  if  present,  it  may  be  made  verbally.  In 
either  case,  the  action  of  the  Board  should  be  entered  on  the 
mmutes  by  the  clerk.  If  accepted,  the  resignation  should  not 
take  effect  till  a  successor  shall  have  been  elected. 

If  a  Director  cease  to  be  a  resident  of  the  district,  his  office  is 
thereby  vacated  even  if  no  resignation  be  offered,  and  the  fact 
being  known,  an  election  should  be  immediately  ordered  to  fill 
the  vacancy.  Long  absence  from  the  district,  as  when  a  Director 
enters  the  army,  is  held  to  be  equivalent  to  a  resignation,  and 
another  Director  should  be  elected. 

Two  Directors  may  transact  business.  Even  if  the  Board  be 
reduced  to  one  member,  he  can  legally  take  steps  to  fill  the  Board, 


94  DIRECTOKS. 

but  no  official  Ibusmess  should  be  transacted  by  one  member — his 
first  duty  is  to  provide  for  filling  the  existing  vacancies. 

To  be  eligible  to  the  office  of  Director,  it  is  required  of  a  person 
that  he  be  a  citizen  of  the  United  States,  and  a  resident  of  the 
district.  A  person  cannot  be  at  the  same  time  a  Director  and  a 
Trustee,  nor  can  a  Director  teach  a  school  in  the  emplojonent  of 
the  Board  of  which  he  is  a  member. 

DUTIES   AND    POWERS. 

Body  Corporate. — The  Board  of  Directors  of  each  district  is  a 
body  politic  and  corporate,  and  as  such  are  invested  in  law  with 
certain  rights  and  powers,  and  are  subject  to  cei'tain  liabilities, 
which  are  defined  in  the  Law.  The  Board  shall  be  organized  by 
appointing  one  of  their  number  president,  and  another  clerk.  The 
Board  shall  provide  a  suitable  book  in  which  to  keep  a  record  of 
its  official  acts.  Said  record  shall  be  kept  \_Sec.  42]  by  the  clerk 
of  the  Board,  in  a  neat,  orderly  and  reliable  manner,  and  may  be 
paid  for  out  of  any  unappropriated  funds  belonging  to  the  district. 
It  is  the  duty  of  the  clerk  of  the  Board  of  Directors  to  submit 
the  record  kept  by  him  to  the  insj^ection  of  the  township  Treas- 
urer on  the  first  Mondays  of  April  and  October,  and  oftener  if 
required.  Meetings  of  the  Board  may  be  held  as  often  as  neces- 
sary, and  no  act  of  the  Directors  can  be  considered  as  of  legal 
validity  and  effect  unless  it  be  passed  at  a  meeting  of  the  Board, 
and  is  duly  and  officially  recorded. 

The  Directors  have  power  as  a  corporation,  to  negotiate  for  the 
purchase  of  school  sites,  \_Sec.  47]  and  for  the  building  of  school 
houses.  For  this  purpose  they  may,  when  authorized  by  a  majority 
vote  of  the  inhabitants  of  the  district,  borrow  money  and  issue 
bonds  for  the  payment  thereof  in  sums  of  not  less  than  one  hund- 
red dollars.  They  are  not  authorized  to  borrow  an  amount  in 
any  one  year  exceeding  three  per  cent,  of  the  taxable  property 
of  the  district,  nor  to  levy  a  tax  in  any  one  year  (when  voted  by 
the  people  for  the  pui-pose  of  building)  to  exceed  two  per  cent,  of 
the  taxable  property  of  the  district.  It  is  held  that  Directors 
may  proceed  and  erect  a  school  house  at  any  cost  which  a  majority 
of  the  people  may  ajiprove,  and  levy  a  tax  each  following  year 
not  exceeding  two  per  cent,  of  the  taxable  property  of  the  dis- 
trict until  the  debt  is  discharged.  The  action  of  the  Directors 
in  such  a  case  is  predicated  upon  a  vote  of  the  majority  that  a 


DIRECTORS.  95 

school  house  shall  be  built — that  it  shall  cost  a  specified  sum — 
that  a  tax  (not  exceeding  two  per  cent,  of  the  taxable  property 
of  the  district)  shall  be  levied  annually  until  the  debt  contracted 
shall  be  paid.  The  action  of  the  Board,  as  stated,  is  binding 
upon  its  successors,  and  no  additional  vote  of  the  people  upon 
the  subjects  acted  uiDon  is  required. 

As  a  body  politic  and  corporate,  the  Board  is  of  perpetual 
existence,  and  all  the  rights,  privileges  and  powers  of  Directors, 
as  well  as  their  duties  and  liabilities,  are  transferred  to  their  suc- 
cessors ;  hence,  all  the  legal  obligations  and  contracts  by  which 
the  present  members  of  the  Board  are  bound,  will  be  binding 
upon  their  corporate  successors.  Directors  are  corporately  liable 
for  all  debts  contracted  by  the  Board,  but  not  iyidiviclually.  Their 
private  property  cannot  be  taken  in  satisfaction  of  any  judgment 
obtained  against  them  in  their  coi'porate  name  and  capacity. 
Directors  are,  however,  personally  responsible  for  the  conse- 
quences of  acts  performed  by  them  which  are  unauthorized 
by  law. 

Schools. — Directors  are  required  \_Sec.  48]  to  establish  and 
keep  in  operation  for  at  least  six  months  durmg  each  school  year, 
a  sufficient  number  of  free  schools  for  all  the  resident  children  of 
the  district  of  lawful  school-going  age,  i.  e.,  between  five  and 
twenty-one  years.  The  number  of  schools  which  it  is  the  duty 
of  the  Directors  to  establish  in  any  district  is  not  fixed  by.  law  in 
anymore  definite  tei*mg  than  those  contamed  in  Section  48.  There 
must  be  a  "  siifficient  number /br  all  the  children  in  the  district^ 
over  the  age  of  five  and  under  twenty-one  years."  The  number 
of  schools  which  it  may  be  necessary  to  establish  in  any  district, 
must  be  determined  by  the  number  of  children  in  the  district  of  lawful 
school  age,  and  from  the  opinions  and  ex^jerience  of  those  who  have 
had  the  management  of  schools.  It  is  known  that  one  teacher  can 
not  govern  and  teach  successfully  more  than  fifty  pupils  in  daily 
attendance  in  a  mixed  school,  such  as  is  usually  taught  in  our 
country  districts,  and  even  this  number  is  too  large.  In  a  district, 
therefore,  containing  a  larger  number  of  children  than  fifty,  who 
are  accustomed  to  attend  school,  it  is  the  duty  of  Directors  to 
provide  additional  accommodations  for  the  school-going  children 
of  their  district,  by  the  establishment  of  another  school  or  schools, 
as  necessary.    The  establishment  of  a  sufficient  number  of  schools 


96  DIRECTORS. 

for  the  wants  of  the  children  in  any  district  is  not  left  to  the  dis- 
cretion of  the  Directors — it  is  a  matter  of  express  and  imperative 
obligation. 

The  schools  shall  be  kept  in  operation  at  least  six  months  during 
each  school  year.  This  is  the  minimum  term  of  school  as  pre- 
scribed in  the  Law,  and  a  compliance  with  this  demand  of  the 
Law  is  the  condition  precedent  to  any  participation  in  the  benefit 
of  the  i)ublic  school  money.  The  children  of  the  State  are 
entitled,  by  the  Law,  to  instruction  in  the  public  schools  for  six 
months  dm'ing  each  school  year.  The  duty  to  provide  that  instruc- 
tion is  obligatory  upon  the  Directors.  The  annual  school  term 
cannot  be  shortened — "  at  least  six  months,''  is  the  language  of 
the  Law.  The  time  during  which  schools  are  required  to  be  kept 
during  each  year  need  not  be  one  unbroken,  continuous  school 
term.  It  may  be  divided  into  separate  terms.  A  school  of  three 
months  in  the  winter,  and  three  months  in  the  summer,  or  any 
different  number  of  months,  so  that  the  school  be  taught  six 
months.  Kejit  in  the  same  district,  and  for  the  benefit  of  the 
sajne  children,  by  the  same  teacher,  or  by  different  teachers  of 
approved  qualifications,  will  satisfy  the  Law.  Schools  may  be 
continued  for  a  longer  term  than  six  months,  at  the  discretion  of 
the  Directors,  (without  consulting  the  people,)  when  those  officers 
have  means  on  hand  to  defray  the  expenses  of  the  school  so  con- 
tinued. But  if  the  means  to  continue  the  school  beyond  six 
months  are  to  be  raised  by  taxation,  then  the  question  of  extend- 
ing the  school  term  must  be  submitted  \_Sec.  48]  to  a  vote  of  the 
peojjle  of  the  district.  The  matter  to  be  voted  on,  when  it  is 
proposed  to  extend  the  term  of  school,  is  simply,  "  shall  a  school 
be  kept  for  so  many  months?" — the  rate  of  taxation  to  defray  the 
expenses  of  said  school  is  a  matter  with  which  the  people  have 
nothing  to  do,  it  being  left  exclusively  to  the  Directors. 

Directors  are  authorized  to  adopt  all  necessary  rules  and  regu- 
lations for  the  government  and  management  of  the  schools  in 
their  districts.  Specifically,  the  power  thus  vested  in  Directors 
relates  to : — 

FiKST — Admission  of  pupils  to  School. — No  child  is  admissible 
under  five  years  of  age.  If  the  minimum  age  had  been  six,  it  would 
have  been  better.  Care  should  be  taken  to  exclude  all  under  five. 
Children  of  less  age  than  five  will  receive  no  benefit  in  an  educa- 
tional point  of  view  by  attending  school.     A  proper  regard  for 


DIRECTORS.  97 

their  health,  also,  requires  their  exclusion  from  school  at  so  tender 
an  age.  Persons  over  twenty-one  years  of  age  cannot  of  legal 
right  claim  admission  to  school.  There  may  be  cases  in  which 
adults  would  profit  by  attending  district  schools,  and  cases,  also, 
in  which  the  schools  themselves  would  be  benefited  by  then' 
attendance.  It  is  held  that  Directors  have  a  discretion  upon  the 
subject  of  the  admission  to  schools  of  persons  over  twenty-one 
years  of  age,  and  wdiere  the  admission  of  such  persons  will  not 
interrupt  the  harmony  of  the  school,  or  deprive  others  who  are 
legally  entitled  to  attend  school  of  such  pi-ivilege.  Directors  may 
admit  them,  charging  and  collecting  tuition,  as  is  done  in  the  case 
of  pupils  attending  private  schools.  Children  who  reside  without 
the  limits  of  the  district  are  not  of  legal  right  entitled  to  attend 
school.  Provision  is  made  [^Sec.  35]  for  the  admission  of  non- 
resident pupils  upon  the  consent  of  the  Directors  of  the  district 
in  which  they  reside,  and  the  permission  of  the  Directors  of  the 
school  where  they  may  wish  to  attend.  Non-resident  pupils 
should  not  be  admitted,  unless  there  be  vacant  places  in  the  school 
for  then-  accommodation,  as  it  would  be  unjust  to  deprive  a  pupil 
who  is  lawfully  entitled  to  school  privileges  in  a  certain  district, 
of  his  seat  in  the  school,  to  make  room  for  one  applying  for 
admission  from  a  foreign  district.  All  children  over  five  and- 
under  twenty-one  years  of  age,  who  are  residents  of  the  district, 
are  entitled  to  attend  school,  and  Du'ectors  cannot  lawfully  refuse 
any  such  a  seat  in  the  school-room. 

Second. — Attendance  at  School. — Directors  may  enact  rules 
and  regulations  to  encourage  the  attendance  at  school  of  all  the 
childi-en  in  their  district,  of  proper  age,  and  they  should  use 
diligent  effort  to  secure  the  attendance  of  every  resident  child  in 
the  district.  It  is  the  design  and  pui'pose  of  the  Law,  to  extend 
the  benefits  of  our  common  school  system  to  all  the  children  of  the 
State,  not  otherwise  instructed.  Though  a  good  school  were  estab- 
lished in  every  neighborhood  in  the  State,  its  whole  benefit  would 
be  lost  to  those  who  never  attend,  and  but  partially  enjoyed 
by  those  who  attend  irregularly.  The  number  of  each  of 
these  classes  throughout  the  State — non-attendants  and  irregular 
attendants — is  very  large.  So  far  as  non-attendants  are  concerned, 
the  entire  outlay  of  means  and  efibrt  on  the  part  of  the  State  for 
the  good  of  her  children,  is  lost — so  far  as  the  irregular  attendants 
are  concerned,  the  expenditure  is  unavailing  to  the  precise  extent 
1 


98  DIRECTORS. 

that  the  delinquents  absent  themselves  from  school.  It  has  been 
proven  by  innumerable  statistics,  that  the  education  of  youth 
costs  the  State  far  less  than  the  maintenance  of  judicial  systems 
and  prisons  for  the  punishment  of  vices  and  crimes  which  are  the 
inevitable  offspring  of  ignorance  and  idleness.  "We  must  bear 
the  lighter  burden  of  educatmg  our  children,  or  groan  under  the 
crushing  burden  of  taxation  for  the  maintenance  of  penal  systems, 
established  for  the  suppression  and  punishment  of  crime.  Direct- 
ors, then,  cannot  fulfill  their  whole  duty  without  using  diligent 
effort  to  induce  the  regular  attendance  at  school  of  all  the  children 
of  their  district.  Bare  rules  are  not  sufficient.  Effort  must  be 
made  to  gather  the  children  in.  I  do  not  refer,  in  this,  to  compul- 
sory attendance.  I  only  desire  to  impress  upon  the  minds  of 
Directors,  who  are  the  chosen  curatoi's  of  all  our  local  school 
interests,  the  importance  of  a  solicitous  and  diligent  effort  to 
induce  the  voluntary  attendance  at  school  of  all  the  children  of  the 
State.  For  absences  and  tardiness  of  children,  penal  rules  may 
be  enacted,  such  as  in  the  judgment  of  Directors  will  operate 
justly,  and  will  have  a  tendency  to  obviate  the  evils  of  irregular 
and  impunctual  attendance. 

Third. — Deportment  of  pupils. — Directors  may  enact  general 
rules  for  the  purpose  of  securing  good  conduct  and  orderly  de- 
portment on  the  part  of  children  attending  school.  Detailed 
rules  for  the  regulation  of  behavior  in  the  school-room  may  be 
left  to  the  Teacher,  if  it  be  thought  necessary  to  make  rules  in 
detail  for  such  purpose.  Experience  has  shown,  however,  that 
the  enactment  of  a  code  of  multitudinous  and  specific  rules  by 
the  Teacher,  is  oftener  a  source  of  confusion  and  embarrassment 
than  of  jDOsitive  advantage.  Rules  presci'ibed  by  Directors  for 
regulating  the  deportment  of  children  attending  school  should  be 
of  a  general  character,  and  should  have  reference  to  their  own  ulti- 
mate responsibility  after  the  discipline  of  the  Teacher  has  been 
exhausted.  Thus,  the  habits  and  behavior  of  a  pupil  may  be  so 
corrupting  that  his  separation  from  the  school  is  demanded  for 
the  preservation  of  its  order  and  its  morals.  In  such  a  case,  the 
Teacher  should  report  the  facts  to  the  Directors,  who  may  enforce 
the  rule  of  expulsion  or  suspension.  So,  also,  the  privilege  of 
re-instation  in  the  school,  after  suspension,  or  voluntary  with- 
drawal for  a  fancied  grievance,  will  depend  upon  the  action  of 
the  Directors,  according  to  the  rules  which  they  may  have  adopted 


DIEECTOES.  99 

applicable  to  sncli  a  state  of  fiicts.  The  rules  referred  to  may 
also  have  reference  to  the  conduct  of  pupils  toward  the  school 
house  and  grounds,  and  may  restrain  pupils  from  committing  tres- 
pass upon  the  building  and  premises. 

FouETH. — Studies  in  Schools. — Directors  may  prescribe  what 
branches  shall  be  taught.  It  is  the  intention  of  the  Law  that  all 
the  children  of  the  State  shall  be  so  educated  at  the  public  expense 
as  to  fit  them  for  the  various  common  occupations  of  life.  Edu- 
cation up  to  that  point  is  impartial  and  just,  as  it  confers  equal 
benefits  upon  all,  and  gives  undue  advantages  to  none ;  it  is  need- 
ful and  right,  for  it  gives  to  each  that  intellectual  and  moral  prep- 
aration for  the  fulfillment  of  future  duties,  which  as  a  member 
of  society  and  a  citizen,  every  one  is  obliged  to  perform.  This 
authority  conferred  upon  Directors  entitles  them  to  prescribe  the 
course  of  stiidy,  (always  including  the  several  branches  specified 
in  the  Law,)  and  the  particular  text-books  which  shall  be  used  in 
each  of  the  branches  belonging  to  the  course.  It  also  entitles 
them  to  designate  what  charts,  maps,  apparatus,  &c.,  shall  be 
used  in  the  school.  It  also  entitles  them  to  prescribe  what  grades 
and  classes  shall  be  formed  in  school,  and  what  branches  and 
books  shall  form  the  course  of  study  in  each,  and  what  progress 
and  proficiency  shall  be  made  in  each  grade  or  class  as  a  condition 
of  advancement  to  the  same  line  of  study  in  the  next  higher,  and 
to  refuse  to  allow  of  promotions  on  any  other  terms  whatever. 

Fifth. — School  Property. — The  school  house  and  school  prem- 
ises are  placed  by  law  under  the  exclusive  control  and  suj)ervision 
of  the  Board  of  Directors.  They  are  corporately  responsible  for 
the  preservation  and  safe  keeping  of  school  property.  They  may 
make  such  rules  as  may  be  necessary  for  the  preservation  and 
protection  of  the  house  and  pi-emis3s  from  defacement,  injury  and 
abuse  by  the  pupils. 

Sixth. — District  Tax. — Directors  are  authoriztid  \^Sec.  43]  to 
levy  a  tax  annually  upon  all  the  taxable  property  of  the  district, 
for  the  purpose  of  providing  means  to  defray  the  expenses  of  a 
six  months  school,  &c.  Such  a  sum  is  required  to  be  raised  by 
district  taxation  as  will  be  sufficient,  with  the  public  money  appor- 
tioned to  the  district,  to  sujDport  a  free  school  for  six  months.  All. 
the  incidental  expenses  of  the  school  are  to  be  provided  for  by 
special  taxation.  The  Law  does  not  contemplate  that  such 
expenses  shall  be  paid  out  of  the  common  school  fund.     It  is 


100  DIRECTORS. 

consequently  the  duty  of  Directors  to  provide  for  such  contingent 
expenses  by  means  of  a  special  tax.  The  expenses  here  referred 
to  are  those  incurred  for  the  purchase  of  furniture,  fuel,  libraries, 
a})paratus,  and  all  other  necessaries.  Where  the  public  funds  are 
more  than  sufficient  for  all  the  regular  exj^enses  of  the  school,  it  is 
held  that  the  surplus  may  be  apiJied  for  any  legitimate  school 
f)urpose  that  may  be  desired.  It  is  the  duty  of  the  Directors 
[_Sec.  44]  to  determine  the  rate  of  tax  to  be  levied,  and  to  certify 
and  report  said  rate  to  the  clerk  of  the  County  Court  by  the 
second  Monday  of  September  in  each  year.  The  rate  of  tax 
must  be  uniform,  and  if  a  district  lie  in  two  townships,  the  same 
rate  will  be  collected  from  the  taxable  property  of  the  inhabitants 
throughout  the  entire  district.  For  a  failure  to  perform  this  duty, 
(or  any  other  required  by  Law)  Directors  are  liable  to  the  penal- 
ties prescribed  in  the  iQth  Section  of  the  Act. 

Seventh. —  Union  Schools. — Provision  is  made,  in  Section  35,  for 
the  establishment  of  Union  Schools,  by  uniting  two  or  more  districts 
into  one.  The  object  contemplated  by  the  Law  in  this  provision,  is 
the  establishment  of  schools  with  graded  departments,  in  which 
higher  branches  of  study  (in  addition  to  the  several  branches 
specified  in  the  50th  Sectioyi)  shall  be  pursued  by  the  pupils.  It 
is  desirable  that  snch  schools  be  organized  wherever  practicable. 
Their  superior  usefulness  may  be  urged  on  many  accounts,  as  for 
instance  :  First. — Economy  of  means. — The  expense  of  tuition  per 
scholar  is  much  less  than  is  required  to  j^rocure  the  same  amount 
of  instruction  in  any  select  or  private  institution.  The  bounties 
derived  from  the  State  for  the  maintenance  of  graded  schools  go 
far  toward  defraying  their  expenses,  so  that  the  trifling  balance 
requ#i-ed  for  their  support  is  barely  nominal,  and  is  provided  by 
means  of  general  taxation  so  light  and  inconsiderable  that  the 
burden  is  scarcely  felt.  ^econd. — Economy  of  labor. — In  the 
graded  school,  the  principle  of  division  of  labor  is  recognized  and 
practiced.  The  graded  school  is,  in  this  respect,  like  the  college 
or  university,  in  which  each  professor  confines  his  labor  to  a  dis- 
tinct and  separate  department.  The  efficiency  and  success  of  the 
Teacher  are  thus  increased,  as  .when  a  Teacher  instructs  in  a 
single  department  and  in  a  few  branches  only,  he  attains  greater 
skill  and  aptness  in  his  work  than  when  his  attention  is  divided 
and  distracted  by  the  rapid  recurrence  of  many  mixed  recitations, 
involving  the  whole  round  of  studies  and  classes  common  to  a 


DIEECTOES.  101 

mixed  school.  In  the  graded  school,  the  classes  are  large,  and 
composed  of  pupils  of  equal  attainments,  (or  sufficiently  so  for 
practical  purposes,)  so  that  the  Teacher  can  instruct  fifteen  or 
twenty  pupils  in  a  single  class  with  as  little  labor  and  larger  suc- 
cess than  he  can  instruct  a  class  of  three  or  four  in  the  mixed 
school.  The  pupils  also,  by  the  prospect  of  promotion,  are  stim- 
ulated to  excellence,  and  apply  themselves  to  study  with  a  more 
constant  and  cheerful  diligence.  Third. — Economy  of  thne. — It- 
is  unquestionably  true  that  years  may  be  saved  to  the  pu^jil  in  the 
acquisition  of  learning  by  the  advantages  of  a  graded  school. 
His  advancement  is  secured  in  proportion  to  his  real  improve- 
ment, and  is  not  hindered,  as  is  commonly  the  case  in  ungraded 
schools,  by  the  non-proficiency  of  class-mates  who  cannot  or  will 
not  advance  in  their  studies. 

A  Union  District  may  be  formed  under  either  of  the  two  fol- 
lowing conditions :  the  existing  and  separate  district  organiza- 
tions may  be  continued,  or  they  may  be  merged  into  a  single 
organization  of  Union  School  Directors.  When  organized  under 
the  first  condition,  the  Directors  of  the  Union  District  are  first 
appointed  by  the  joint  action  of  the  Boards  of  Directors  of  the 
original  and  separate  districts,  and  the  Union  Board  is  perpetuated 
in  the  same  way,  the  Directors  [of  the  said  Union  District]  draw- 
ing lots  at  the  first  mgeting  after  their  appointment  for  their 
respective  terms  of  office,  for  one,  two  and  three  years.  When 
organized  under  the  second  condition,  (which  is  always  recom- 
mended,) the  separate  Boards  cease  to  exist,  from  and  after  the 
appointment  of  the  Union  Board.  All  the  corporate  rights,  duties 
and  powers  of  the  separate  Boards  are  thus  legally  conveyed  to 
the  ncAV  Union  Board,  which  henceforth  exercises  whole  and 
entire  official  jurisdiction  as  Directors  over  all  the  territory 
included  in  the  Union  District,  being  ever  after  elected  by  the 
people,  as  other  Directors  are  elected. 

When  two  or  more  districts  are  united  and  a  Union  District  is 
formed,  the  Trustees  will  execute  a  map  or  plat  of  the  same, 
designating  its  boundaries.  This  duty  must  be  performed  by  the 
Trustees  as  soon  as  the  act  of  union  is  reported  to  them. 

The  consolidation  of  districts,  as  provided  for  in  Section  33, 
differs  from  the  formation  of  a  Union  District  in  this,  that  the 
former  is  done  by  an  act  of  the  Trustees — the  latter  by  the  act 
of  the  separate  Boards  of  Directors.     The  object  sought  in  the 


102  DIEECTOES. 

latter  case  is  the  establishment  of  a  graded  school — in  the  former 
case,  such  mar  or  may  not  be  the  specific  object 

In  a  fe^r  cases,  it  has  been  desired  to  dissolve  the  Union  Dis- 
trict, and  restore  the  several  paits  to  their  original  form  and 
organizations.  The  Law  does  not  specifically  provide  for  such  a 
contingency,  yet  clearly  such  action  may  be  taken  without  con- 
travening any  principle  of  the  Law.  The  precise  mode  of  pro- 
cedure must,  in  the  absence  of  legal  prescription,  be  determined 
by  considerations  of  convenience  and  propriety.  The  most  natural 
mode  of  proceeding  where  it  is  desired  to  dissolve  a  Union  Dis- 
trict would  Seem  to  be  the  foUowiug :  If  the  original  district 
Boards  have  been  continued,  and  their  separate  organizations 
preserved,  they  should  jointly  agree  and  resolve  to  dissolve  the 
Union  District.  Following  such  joint  action  of  the  district 
Boards,  the  Union  Directors  should  immediately  resign  their 
place  and  office.  The  Trustees  should  then  be  notified  of  the 
action  taken,  when  the  map  or  plat  of  the  District  should  be 
changed  to  correspond  with  the  facts.  In  case  the  original  dis- 
trict Boards  have  been  disorganized  and  discontinued,  the  first 
step  to  be  taken  would  be  the  resignation  of  the  Union  Directors, 
which  act  should  be  reported  to  the  Trustees,  together  with  the 
object  contemplated  by  such  resignation,  viz. :  the  dissolution  of 
the  Union  District.  The  Trustees  may  then  restore  the  boundaries 
of  the  separate  districts  as  originally  existing,  designating  on  the 
map  their  proper  boundaries,  and  caUing  an  election  for  Directors 
in  each  of  the  separated  districts,  authorizing  the  Treasurer  to 
post  the  notices  of  said  elections,  according  to  Law.  Imme- 
diately upon  the  election  of  separate  Boards  of  Directors,  the 
dissolution  will  be  consummated,  and  the  several  districts  may 
order  their  policy  as  if  no  union  of  districts  had  ever  existed.  It 
is  hoped  that  no  occasion  wiU  ever  arise  for  the  retrograde  action 
here  alluded  to. 

Teacbcees. — ^Directors  are  required  {^Sec.  48]  to  apjpoint  all 
Teachers  of  Common  Schools.  The  selection  of  Teachers  is  whoUy 
entrusted  to  Directors,  and  there  is  no  duty  of  those  officers  which 
involves  a  higher  responsibility,  or  which  requires,  in  its  exercise, 
a  sounder  discretion  or  a  more  dispassionate  judgment.  The  duty 
is  that  of  assigning  to  the  child  a  parent,  for  the  time  being,  who 
IS  to  mould  its  mind  and  its  manners,  and  influence  by  his  instruc- 


DIBECTOBS.  103 

.lions  and  example,  its  whole  future  for  good  or  eril,  for  happiness 
or  misery.     Before  a  Teacher  can  be  employed  by  the  Directors, 
he  must  exliibit  to  them  [*Stc.  52]  a  certificate  of  qualification  from 
the  School  Commissioner,  accrediting,  first^  his  moral  character, 
and  second,  his  literary  qualifications.     K  this  f»rovision  of  the 
Law  is  strictly  attended  to  in  the  selection  of  Teachers,  and  par- 
ticulaily,  if  Directors  wiU  seek  the  services  of  those  who  hold  Ihe 
best  certificates  (first  grade) — moral  character  being  well  estab- 
lished— they  will  escape  imposition,  and  guarantee  the  purity  and 
progress  of  their  schools.     It  is  a  good  rule  to  employ  the  same 
Teacher  from  year  to  year,  if  his  standing  in  the  profession  is 
good,  and  he  has  been  successful  in  the  school  during  former 
terras.     By  such  means,  the  risk  of  failure,  which  the  employment 
of  an  tmknown   and  untried   Teacher  always  involves,  will  be 
escaped,  and  much  valuable  time  saved  to  the  pupils  by  enabling 
them  to  advance  tminterruptedly  in  their  studies,  without   the 
hindrance  which  is  caused  by  a  re-organization  or  a  re-classifica- 
tion of  the  school,  and  the  introduction  of  unfamiliar  and  perhaps 
inefficient  methods  of  instruction  and  government-     But  a  change 
of  Teachers  should  be  made  when  it  has  been  discovered  that 
the  one  last  employed  is  tmsuccessfuL     In  such  cases,  prudent 
Directors  will  not  hesitate  to  exchange  even  an  old  acquaintance 
for  a  stranger,  provided  the  latter  comes  well  and  legally  accred- 
ited.    While  it  may  be  right  and  just  to  extend  the  preference  to 
a  home  Teacher,  when  his  claims  to  position  are  contested  by  a 
stranger, — on  the  supposition  that  they  are  possessed  of  nearly 
equal  qualifications — it  is  /<of  right  or  just  to  retain  an  rnc-ompetent 
Teacher  to  the  exclusion  ot  a  thoroughly  qualified  and  competent 
one,  simply  because  the  latter  is  a  stranger,  and  the  former  is  a 
feUow-inhabitant  or  a  neighbor.     If  the  body  needs  to  be  treated 
for  disease,  it  would  be  a  foUy  and  a  crime  to  entmst  the  life  to  the 
practice  of  an  empiric  who  is  a  neighbor,  merely  because  he  is  a 
neighbor,  and  refuse  the  services  of  a  sldUful  and  successful  physi- 
cian, who  is  of  another  town,  merely  because  he  is  of  another  town. 
In  the  selection  and  employment  of  Teachers,  let  the  same  sensible 
policy  prevail,  as  would  be  pursued  in  all  other  practical  afiairs 
of  life.     Directors  should  never  be  swerved  from  a  right  and  tise- 
ftd  policy  by  influences  oi  party,  of  church,  or  of  famili/  interest. 
Our  Educational  policy  deserves  to  be  directed  with  an  eye  single 
to  the  public  good,  and  must  not  be  perverted  from  its  right  object 


104  DIRECTOES. 

for  political,  sectarian,  or  selfish  reasons.  A  Teacher  can  only  be 
employed  by  a  majority  of  the  Board,  and  their  action  in  the 
premises  must  be  official,  that  is,  it  must  transpire  in  a  meeting  of 
the  Board,  and  must  be  duly  recorded. 

The  power  of  Directors  to  contract  "vrith  and  employ  Teachers 
is  independent  of  the  people,  and  cannot  be  controlled  by  them ; 
though  it  should  never  be  exercised  in  opposition  to  the  known 
wishes  of  a  majority  of  the  inhabitants  of  the  District,  unless  under 
very  peculiar  circumstances. 

Directors  are  authorized  [Sec.  48]  to  fix  the  salaries  of  Teachers. 
AViitten  or  printed  contracts  should  ahcays  be  used.  Otherwise, 
unpleasant  and  irreconcilable  difficulties  may  arise.  This  precau- 
tion should  be  strictly  observed.  A  blank  form  of  Teacher's  Con- 
tract will  be  found  in  Part  III.  of  this  work.     Refer  to  Index. 

Po^er  is  given  to  Directors  \^Sec.  48]  to  dismiss  Teachers  for 
"incompetency,  cruelty,  negligence  or  immorality."  For  these 
causes,  or  either  of  them,  Directors  are  authorized  to  dismiss 
Teachers  from  their  service.  The  fact  of  incompetency,  cruelty, 
negligence  or  immorality  must  be  a  matter  of  personal  knowledge 
on  the  part  of  Directors,  or  it  must  be  clearly  and  indisputably 
proved  against  the  Teacher.  If  the  fact  becomes  Jcnoxon  to  them, 
by  visiting  the  school,  or  by  otherwise  acquainting  themselves 
with  the  Teacher's  shortcomings  or  offences,  they  will  be  justified 
in  dismissing  him  at  once.  If  the  fact  be  not  /cnoion  to  the  Board, 
but  charged  by  other  parties,  the  case  should  be  allowed  a  hear- 
ing, and  if,  after  a  thorough  and  impartial  investigation  it  should 
be  2^'>'oven  that  the  Teacher  is  obnoxious  to  the  charges  made,  the 
Directors  should  then  dismiss  him.  The  dismissal  of  a  Teacher 
requires  the  vote  of  a  majority  of  the  Board,  as  did  his  employ- 
ment. The  notice  of  dismissal  should  be  in  writing,  and  officially 
served  tipon  the  Teacher  by  the  clerk  or  another  member  of  the 
Board.  Such  a  course  is  recommended,  though  the  notice  may 
be  verbally  communicated. 


TEACHERS.  105 


TEACHERS. 


EMPLOYMENT    OF    TEACHERS. 


Teachers  desiring  employment  in  their  profession  in  any  of  the 
common  schools  of  this  State,  must  apply  to  the  School  Directors, 
who  are  the  only  persons  authorized  by  law  to  employ  them. 
Directors  are  not  authorized  to  contract  with  or  employ  a  Teacher 
who  is  not  in  possession  of  a  good  and  valid  certificate  of  qualifi- 
cation, [Sec.  52]  nor  until  such  certificate  shall  have  been  examined 
by  them,  in  evidence  of  the  good  character  and  professional  quali- 
fications of  the  applicant.  Directors  are  authorized  by  Section  52 
to  employ  legally  qualified  Teachers  only,  A  Teacher  cannot  be 
legally  qualified  unless  he  holds  a  "  certificate  of  qualification," 
Such  a  certificate  the  Teacher  must  possess,  not  only  when  he 
begins  to  teach,  but  as  long  as  he  continues  to  teach,  for  it  is  an 
implied  condition  of  the  contract  under  which  he  teaches,  that  he 
will  keep  himself  qualified.  This  can  only  be  done  by  keeping  in 
possession  a  live  certificate  during  the  whole  time  he  is  engaged 
in  teaching,  for  if  his  certificate  expires  by  limitation,  from  that 
moment  he  ceases  to  be  accredited  as  a  legally  qualified  Teacher. 
A  Teacher's  certificate  must  be  renewed  then,  as  soon  as  it  expires, 
if  he  be  then  engaged  in  teaching  a  school. 

Teachers,  for  their  own  security,  should  always  demand  that  a 
written  contract  be  executed,  and  it  is  proper  and  prudent  that  a 
coi:»y  of  the  written  contract  so  entered  into  should  be  kept  in 
possession  of  each  of  the  contracting  p'arties.  It  is  competent  for 
a  majority  of  the  District  Board  to  form  a  contract  with  a  Teach e^, 
but  a  contract  will  not  be  legally  binding  upon  the  Directors  unless 
signed  by  at  least  two  of  their  number.  It  sometimes  occurs  that 
a  single  Director  executes  a  contract  with  the  Teacher,  affixing 
his  own  signature,  and  engaging  to  procure  the  signatures  of  the 
other  members  of  the  Board,  It  has  transpired  in  such  cases  that 
the  signatures  of  the  other  Directors  were  not  obtained,  through 
the  neglect  or  forgetfulness  of  the  single  acting  Director,  by  which 
failure  the  contract  was  rendered  void.     Teachers  should  require 


106  TEACHERS.    " 

that  at  least  two  names  of  Dii-ectors  be  subscribed  to  the  contract 
before  affixing  their  own. 

The  contract  so  executed  should  plainly  and  unniistakably 
express  the  precise  terms  and  conditions  of  the  engagement,  secur- 
ing the  Teacher  against  the  loss  of  his  wages  or  any  unnecessary 
delay  in  their  payment  which  an  honest  misunderstanding  or  a 
willful  misconstruction  might  occasion. 

Directors  have  soi^etimes  proposed  to  Teachers  that  the  whole 
amount  of  public  money  apportioned  to  the  district,  for  the  current 
school  year,  whether  more  or  less,  should  be  allowed  them  as  com- 
pensation for  their  services  in  the  school-room  during  the  term  of 
theu"  engagement.  In  such  cases  it  may  be  represented  by  the 
Directors  that  the  proposition,  if  accepted,  will  be  very  much  to 
the  advantage  of  the  Teacher,  and  these  representations  may  be 
made  in  all  honesty  and  confidence.  Such  an  agreement  may 
involve  loss,  and  always  mvolves  uncertainty  on  the  part  of  the 
Teacher.  It  is  better  to  have  a  plain  understanding,  and  to  pro- 
vide in  the  agreement  for  the  payment  to  the  Teacher  by  the 
Directors  of  such  a  definite  and  specifi,c  sum,  per  month  or  quarter, 
as  the  case  may  be,  as  will  constitute  a  fair  remuneration  for  the 
seiwices  required.  Then,  the  wages  of  the  Teacher  must  be  paid, 
and  if  the  public  money  is  not  sufficient  for  the  purpose,  the  defi- 
ciency must  be  provided  for  by  special  taxation.  The  Teacher 
is  fully  secured  against  loss,  as  the  Board  by  which  he  is  emj^loyed 
is  corporately  liable,  and  payment  may  certainly  be  enforced 
at  law. 

Directors  have  no  power  to  alter  or  annul  a  contract  legally 
entered  into  with  a  Teacher  without  the  Teacher's  consent  and 
agreement,  while  he  contmues  in  their  employment.  If  the 
Teacher's  certificate  be  revoked,  or  expire  by  limitation,  or  if  he 
be  dismissed  by  the  Directors  for  cause,  the  contract  ceases  to  be 
binding  upon  the  Board  from  the  date  of  the  Teacher's  with- 
drawal from  the  school,  but  the  Directors  are  bound  to  fulfill  the 
conditions  of  the  contract  for  the  time  the  Teacher  was  actually 
engaged  in  their  service. 

A  Board  of  Directors  cannot  legally  employ  an  unqualified 
Teacher,  that  is,  a  Teacher  who  is  not  in  possession  of  the  required 
certificate  of  qualification,  and  if  in  any  case  such  a  Teacher  be 
employed  by  the  Board,  the  district  is  not  bound  by  their  action. 
If  a  Teacher  so  employed  enters  upon  his  duties  and  teaches  a 


TEACHERS.  107 

scliool,  he  cannot  legally  coUect  his  wages  from  the  district,  but 
he  may  collect  them  from  the  Directors,  as  individuals,  who  are 
jjcrsonally  liable  in  such  a  case. 

A  contract  with  a  Teacher  executed  by  a  Board  of  Directors  is 
binding  upon  their  successors.  The  parties  to  such  a  contract 
are  the  Teacher  and  the  corporate  body,  known  and  styled  in  the 
Law  OS  "  School  Directors,"  which  corporate  body  is  perpetuated 
from  year  to  year  in  its  successors.  A  Teacher  may  thei*efore 
bring  suit  against  a  Board  of  Directors,  and  collect  wages  legally 
due,  although  neither  of  the  Directors  by  whom  he  was  employed 
may  be  a  member  of  the  Board  at  the  time  said  suit  is  brought. 

DUTIES    AND    RIGHTS    OP   TEACHERS. 

The  general  duties  and  rights  of  Teachers  are  such  as  to  admit 
of  no  specific  mention  in  the  School  Law.  The  duty  of  the 
Teacher  to  keep  the  schedule,  as  prescribed  in  Sections  53,  54,  is 
the  only  one  specifically  enjoined  by  the  Law.  The  duties  and 
rights  of  Teachers  as  they  here  follow,  are  deduced  from  the 
School  Law  in  part,  and  partly  from  the  law  of  universal  custom, 
which  is  held  to  be  authoritative,  and  not  inconsistent  with  the 
letter  or  spirit  of  the  statute. 

1.  It  is  the  duty  of  the  Teacher  to  be  examined. — The 
Law  has  appointed  as  the  condition  to  employment  in  any 
of  the  common  schools  of  this  State,  \^Sec.  52]  that  the 
Teacher  shall  possess  a  certificate  of  qualification  issued 
by  the  School  Commissioner  of  the  county  in  which  the 
holder  proposes  to  teach.  The  issuing  of  said  certificate  is 
conditioned  upon  the  fact  of  good  moral  character,  and  the 
ability  to  teach  the  branches  specified  in  the  Law,  the  candi- 
date establishing  his  claims  to  character  and  scholarship)  by  pass- 
ing a  satisfactory  examination  before  the  School  Commissioner  or 
a  deputy  examiner  appointed  by  him.  There  is  but  one  door  of 
access  to  the  profession  in  this  State,  and  all  aj)proaches  to  the 
common  school  room  must  be  made  through  the  strait  gate  and 
narrow  way  of  personal  examination. 

2.  Teachers  have  the  right  to  order  the  discipline  and  conduct 
of  the  school.  "  The  Teacher  is  to  establish  a  system  or  organ- 
ization, the  object  of  which  is  to  prevent  irregularities,  and  to 
save  time ;  to  enable  him  to  do  as  much  for  each,  and  as  much 
for  all,  as  possible  ;  and  to  exercise  each  pupil  according  to  his 


108  TEACHERS. 

capacity  and  advancement,  not  overtasking  liim,  nor  leaving  him 
unoccupied.  This  system  should  be  comprehensive  enough  to 
embrace  all  the  operations  of  the  school,  and  so  simple  that  all 
the  children  may  be  able  to  understand  it ;  so  that,  when  once 
established,  it  shall  almost  keep  itself  in  operation^  leaving  the 
Teacher  his  whole  time  for  other  duties.  To  this  end  it  will  be  a 
great  advantage  to  a  Teacher  to  be  familiar  ^^'ith  the  plans  ^^ur- 
sued  in  one  or  more  well  organized  schools.  If  he  be  so,  he  may 
at  once  adopt  some  known  system,  and  leave  it  to  be  modified  by 
his  future  experience.  If  he  be  not  familiar  with  any,  or  with 
such  only  as  he  knows  to  be  bad,  he  must  consider  the  matter, 
and  form  one  for  himself." 

The  business  of  the  Teacher  in  the  school  room  is,  to  Teach — 
to  Govern. 

Teaching. — "  The  first  iuquii'ies  you  are  to  make  on  entering  a 
school  are,  What  is  the  stat(3  of  this  school  ?  What  and  how 
much  does  each  individual  pupU  know  ?  How  well  does  he  read, 
write,  and  cipher  now?  What  are  his  habits  of  mind?  What 
is  liis  character?  What  can  I  do  for  him  in  the  time  he  is  to 
remain  under  my  care  ?  *  *  *  *  How  shall  I  give  him  the 
greatest  amount  in  my  power  of  useful  informations ;  bring  the 
faculties  of  his  mind  into  action,  and  elevate  his  moral  character  ? 
How,  in  short,  shall  I  best  prepare  him  for  his  station  in  life,  and 
do  what  in  me  lies  to  make  him  a  useful  citizen,  and  a  good  and 
happy  man  ?  These  things  are  to  be  accomplished,  not  for  one 
only,  but/br  all.  Consider,  then,  the  ground  before  you,  and  lay 
your  plans  for  doing  as  much  and  ag  well  for  each  and  all  as  can 
be  done  in  the  time  allotted  you.  One  great  object  in  executing 
your  plans  is  to  discover  how  to  act  most  efiiciently  on  the  greatest 
number  at  a  time.  Your  power  of  useful  q,ction  is  increased  just 
in  proportion  to  the  number  on  whom  you  can  act  at  once.  *  * 
The  grouping  of  your  pupils  into  classes  will  be  necessary.  It 
will  be  well  for  a  Teacher  who  goes  into  a  school  for  the  first 
time,  to  direct  his  pupils  to  come  up  in  such  order  and  in  such 
classes  as  were  formed  by  his  predecessor.  He  will  then  make 
them  understand  that  this  is  only  to  enable  him  to  become  ac-  • 
quainted  with  the  progress  they  have  already  made,  and  that  he 
shall  afterward  arrange  them  as  he  finds  it  best.  It  should  then 
be  his  object  to  divide  them  into  as  few  classes  in  each  study  as 
jDOSsible.     This  is  of  the  highest  importance,  as  it  is  only  by  this 


TEACHEES.  109 

course  that  he  will  be  able  to  find  tunc  to  give  them,  much  valu- 
able instruction,  or  even  to  tlo  them  justice.     *     *     * 

"  There  are  several  general  principles,  founded  in  nature,  and 
deduced  from  observation,  but  too  often  overlooked,  which  should 
be  our  guides  in  teaching,  and  of  which  we  should  never  lose  sight : 

"  Whatever  we  are  teaching,  the  attention  should  he  aroused  and 
fixed,  the  facidties  of  the  mind  occupied,  and  as  many  of  them  as  pos- 
sible brought  into  action.  Nothing  is  learned  unless  the  attention  is 
gained,  and  the  habit  of  commanding  it  throughout  a  lesson  is 
more  important  than  the  lesson  itself,  whatever  that  may  be. 
Moreover,  the  greater  the  number  of  faculties  engaged  upon  an 
object,  the  deeper  and  more  permanent  M'ill  be  the  impression. 

"  Divide  and  subdivide  a  difficult  process,  until  your  steps  are  so 
short  that  the  pupil  can  easily  tahe  them.  *  *  Some  possess  this 
talent  almost  by  intuition.  They  sit  down  by  a  child,  and  make 
him  comprehend  almost  anything  they  please,  by  reducing  it  to 
its  simplest  elements,  and  presenting  them  one  by  one,  in  their 
natural  order.  This  talent  may  be  acquired.  It  depends  on  a 
complete  knowledge  of  the  subject  to  be  taught,  in  all  its  bear- 
ings, and  of  the  capacity  of  the  child.  Any  one,  therefore,  who 
will  take  the  pains  to  make  himself  master  of  what  he  wants  to 
teach,  and  to  enter  into  the  character  of  the  pupil,  may  be  able  to 
attain  it.  The  possession  of  this  talent  is  what  we  call  aptness 
to  teach. 

"  Whatever  is  learned,  let  it  be  made  familiar  by  r-epetition,  until  it  is 
deeply  arid  permanently  fixed  on  the  mind.  This  is  an  old  rule,  well 
known  from  the  most  ancient  times  to  faithful  teachers  and  careful 
learners.  It  is,  nevertheless,  liable  to  be  neglected,  from  a  feeling 
that  there  is  so  much  more  to  learn  which  will  be  entirely  new. 
The  faithful  application  of  this  principle  makes  thorough  teaching' 
— the  best  kind  of  teaching,  certainly,  since  a  few  things  well 
learned  are  of  more  use  than  many  things  superficially  glanced  at. 

"  Present  the  practical  bearings  and  uses  of  the  thing  taught,  so  that 
the  hope  of  an  actual  advantage,  and  the  desire  of  preparation 
for  the  future,  may  be  brought  to  act  as  motives.     *     *     * 

"  Follow  the  order  of  Nature  in  teaching,  whenever  it  can  be  dis- 
covered. This  is  only  admitting  that  God  is  wiser  than  man, 
and«that  all  our  processes  may  be  improved  by  the  study  of  Ilis 
works.  The  method  of  learning  to  read  by  words  first,  instead 
of  letters,  is  suggested  by  this  rule. 


110  TEACHERS. 

"  Where  difficulties  'present  thetnseh-es  to  the  learner,  diminish  and 
shorten,  rather  than  remove  them.  Lead  him,  "by  questions,  to  over- 
come them  himself.  This  gives  action  to  his  mind,  and  puts  him 
in  possession  of  his  powers.  What  we  obtain  by  strong  effort, 
we  vahie  and  retain.  It  is  not,  therefore,  what  you  do  for  the 
child,  so  much  as  what  you  lead  him  to  do  for  himself,  which  is 
valuable  to  him. 

"  Teach  the  subject  rather  than  the  hook.  Remember  that  it  is  not 
Colburn's  Arithmetic,  or  Davies',  which  you  are  to  teach,  but  it 
is  Arithmetic,  the  science  of  numbers.  Take  care,  therefore,  to 
make  yourself  familiar  with  the  principles,  and  with  their  various 
applications,  as  you  may  find  them  in  several  authors,  or  by 
reflecting  on  them  yourself  In  this  way,  and'  in  this  way  only, 
you  will  at  last  get  a  complete  mastery  of  the  science  and  art  in 
all  its  forms  ;•  and  while  you  are  engaged  in  the  acquisition,  it  will 
be  in  the  highest  degree  interesting  to  you. 

"  Teach  one  thing  at  a  time.  In  teaching  Grammar,  for  example, 
show  first  what  a  noun  is,  and  let  the  pupil  be  exercised  in  this, 
in  various  ways,  until  it  becomes  perfectly  familiar,  before  he  is 
even  taught  the  difference  between  a  common  and  a  proper  noun. 
Advance  thus,  step  by  step,  making  sure  of  the  gromid  you  stand 
on  before  a  new  step  is  taken." 

The  following  suggestions  are  worthy  of  being  attended  to,  and 
are  given  as  general  cautions  to  the  Teacher: 

"  1.  Never  get  out  of  patience  with  dullness.  Perhaps  I  ought 
to  say,  never  get  out  of  patience  with  anything.  That  would, 
l^erhaps,  be  the  wisest  rule.  But  above  all  things,  remember  that 
dullness  and  stupidity  (and  you  will  certainly  find  them  in  every 
school)  are  the  very  last  things  to  get  out  of  patience  with.  If 
the  Creator  has  so  formed  the  mind  of  a  boy  that  he  must  go 
through  life  slowly  and  with  difliculty,  impeded  by  obstructions 
which  others  do  not  feel,  and  depressed  by  discouragements  which 
others  never  know,  his  lot  surely  is  hard  enougii,  without  having 
you  to  add  to  it  the  trials  and  suffering  which  sarcasm  and 
reproach  from  you  can  heap  upon  him.  Look  over  your  school 
room,  therefore,  and  wherever  you  find  one  whom  you  perceive 
the  Creator  to  have  endowed  with  less  intelligence  than  others, 
fix  your  eye  upon  him  with  an  expression  of  kindness  and  sjtii- 
pathy.  Such  a  boy  will  have  suffering  enough  from  the  selfish 
tyranny  of  his  companions ;  he  ought  to  find  in  you  a  protector 


TEACHERS.  Ill 

and  a  friend.  One  of  the  greatest  pleasures  which  a  Teacher's 
life  atfords  is  the  interest  of  seeking  out  such  a  one,  bowed  down 
with  burdens  of  depression  and  discouragement— unaccustomed 
to  sympathy  and  kindness,  and  expecting  nothftng  for  the  future 
but  a  weary  continuation  of  the  cheerless  toils  which  have  em- 
bittered the  past;  and  the  pleasure  of  taking  off  the  burden,  of 
surprising  the  timid,  disheartened  sufferer  by  kind  words  and 
cheering  looks,  and  of  seeing  in  his  countenance  the  expression 
of  ease,  and  even  of  happiness,  gradually  returning. 

"  2.  The  Teacher  should  be  interested  in  all  his  scholars,  and 
aim  equally  to  secure  the  progress  of  all.  Let  there  be  no  neg- 
lected ones  in  the  school  room.  We  should  always  remember, 
that  however  unpleasant  in  countenance  and  manners  that  bashful 
boy  in  the  corner  may  be,  or  however  repulsive  in  appearance  or 
imhappy  in  disposition  that  girl,  seeming  to  be  interested  in 
nobody,  and  nobody  appearing  interested  in  her,  they  still  have, 
each  of  them,  a  mother,  who  loves  her  own  child,  and  takes  a 
deep  and  constant  interest  in  its  history.  Those  mothers  have  a 
riffht,  too,  that  their  children  should  receive  their  full  share  of 
attention  in  a  school  which  has  been  established  for  the  common 
and  equal  benefit  of  all. 

"  3.  Do  not  hope  or  attempt  to  make  all  your  pupils  alike. 
Providence  has  determined  that  human  minds  should  differ  from 
each  other,  for  the  very  purpose  of  giving  variety  and  interest  to 
this  busy  scene  of  life.  Now  if  it  were  possible  for  a  Teacher  so 
to  plan  his  operations  as  to  send  his  pupils  forth  upon  the  com- 
munity, formed  on  the  same  model,  as  if  they  were  made  by 
machiuei-y,  he  would  do  so  much  toward  spoiling  one  of  the 
wisest  of  the  plans  which  the  Almighty  has  formed  for  making 
this  world  a  happy  scene.  Let  it  be  the  Teacher's  aim  to  co- 
operate with,  not  vainly  to  attempt  to  thwart,  the  designs  of  Provi- 
dence. We  should  bring  out  those  powers  with  which  the 
Creator  has  endued  the  minds  placed  under  our  control.  We 
must  open  our  garden  to  such  influences  as  will  bring  forward  all 
the  plants,  each  in  a  way  corresponding  to  its  own  nature.  It  is 
impossible  if  it  were  wise,  and  it  would  be  foolish  if  it  were  pos- 
sible, to  stimulate  by  artificial  means  the  rose,  in  hope  of  its 
reaching  the  size  and  magnitude  of  the  apple-tree,  or  to  try  to 
cultivate  the  fig  and  the  orange  where  wheat  only  will  grow. 
No  :  it  should  be  the  Teacher's  main  design  to  shelter  his  pupils 


112  TEACHERS. 

from  every  deleterious  influence,  and  to  bring  every  thing  to  bear 
upon  the  community  of  minds  before  him,  which  will  encourage 
in  each  one  the  development  of  its  own  native  powers.  For  the 
rest,  he  must  remember  that  his  province  is  to  cultivate,  not  to 
create. 

"  4.  Do  not  allow  the  faults  or  obliquities  of  character,  or  the 
intellectual  or  moral  wants  of  any  individual  of  your  pupils  to 
engross  a  disproportionate  share  of  your  time.  I  have  already 
said  that  those  who  are  peculiarly  in  need  of  sympathy  or  help 
should  receive  the  special  attention  they  seem  to  require ;  what  I 
mean  to  say  now  is,  do  not  carry  this  to  an  exti-eme.  When  a 
parent  sends  you  a  pupil  who,  in  consequence  of  neglect  or  of 
mismanagement  at  home  has  become  wild  and  ungovernable,  and 
full  of  all  sorts  of  wickedness,  he  has  no  right  to  expect  that  you 
will  turn  your  attention  away  from  the  wide  field  which,  in  your 
whole  school  room,  lies  before  you,  to  spend  your  time  and  strength 
in  endeavoring  to  repair  the  injuries  which  his. own  neglect  has 
occasioned.  It  is  both  unwise  and  tmjust  to  neglect  the  many 
trees  in  your  nurseiy,  which  by  ordinary  attention  may  be  made 
to  grow  straight  and  tall  and  to  bear  good  fruit,  that  you  may 
waste  your  labor  upon  a  crooked  stick,  from  which  all  your  toil 
can  secure  very  little  beauty  or  fruitfulness. 

"The  school — the  whole  school — is  your  field, — the  elevation 
of  the  mass  in  knowledge  and  virtue,  and  no  individual  instance 
either  of  dullness  or  precocity,  should  draw  you  away  from  this 
steady  pursuit." 

Government, — "  The  art  of  governing  a  school  naturally  divides 
itself  into,  1.  The  preservation  of  order ;  2.  The  prevention  of 
wrong ;  3.  Incitement  to  study.  Towards  the  accomplishment 
of  all  these,  the  first  requisite  is  to  render  your  school  pleasant. 
How  is  this  to  be  done  ?  *  *  It  is  the  exercise  of  our  intellectual 
faculties  which  is  the  very  essence  of  hapiiiness.  It  is  unj)leasant 
onli/  when  long  continued  on  one  subject.  It  should  therefore  be 
varied ;  for  little  children  as  often,  perhaps,  as  every  half  hour ; 
for  older  ones,  as  often  as  every  hour.  Children  are  variously 
constituted  in  this  respect;  some  grow  weary  much  sooner  than 
others.  An  exercise  should  cease  before  any  one  has  become 
weary.  Restraint,  unnecessary  or  too  long  continued,  becomes 
wearisome.     Every  young  person  is  impatient  of  it ;  the  law  of 


TEACHERS.  113 

his  whole  nature  requires  action.  The  younger  the  child,  the 
greater  the  impatience  of  restraint  and  confinement.  There  must 
therefore  be  breaks  and  recesses ;  for  very  young  children  as  often 
as  once  in  an  hour ;  for  all,  as  often  as  once  in  two  or  two  and  a 
half  hours.  Uneasy  positions  are  and  ought  to  be  unpleasant.  Care 
should  therefore  be  taken  that  the  seats  be  convenient,  of  a  proper 
height,  and  provided  with  a  back.  An '  ill  ventilated  room  is  un- 
pleasant. Take  care  that  yours  be  well  ventilated.  Harshness  is 
unpleasant ;  scolding,  in  man  or  woman,  is  excessively  unpleasant. 
Avoid  both,  and  learn  to  govern  yourself,  and  to  win  by  kindness 
and  by  reason."  *  *  *  "  Carry  yowrse//* the  right  temper  into 
your  school  every  morning.  This,  more  than  anything  else  will 
insure  the  prevalence  of  general  good  temper  in  the  whole  school, 
for  temper  is  contagious.  A  cheerful  teacher  will  have  a  cheerful 
school ;  a  cross-grained  teacher  will  have  a  cross-grained  school." 
*  *  *  "  Order  should  be  secured  by  the  general  arrangements 
of  the  school.  Children  must  not  he  left  unemployed.  "When  so 
left,  they  are  almost  sure  to  fall  into  mischief,  or  what  a  Teacher 
calls  such,  to  relieve  themselves  from  the  listlessness  of  idleness. 
If  they  cannot  be  employed,  they  should  be  dismissed,  or  allowed 
to  take  a  recess."     *     *     *     * 

"  You  will  have  pupUs  in  your  school  who  seem  disposed  to 
offend  against  the  order  of  the  school  room ;  perhaps  from  care- 
lessness, perhaps  from  willfulness.  The  first  point  to  be  attended 
to  is,  to  ascertain  who  they  are.  Not  by  appearing  suspiciously 
to  watch  any  individuals,  for  this  would  be  almost  sufficient  to 
make  them  bad,  if  they  were  not  so  before.  Observe,  however  ; 
notice  from  day  to  day,  the  conduct  of  individuals,  not  for  the 
purpose  of  reproving  or  punishing  their  faults,  but  to  enable  you 
to  understand  their  characters.  The  work  will  often  require  great 
adroitness  and  very  close  scrutiny ;  and  you  will  find  as  the 
result  of  it  a  considerable  variety  of  character,  which  the  general 
influences  of  the  school  room  will  not  be  sufficient  to  control. 
The  number  of  individuals  will  not  be  great,  but  the  diversity  of 
character  comprised  in  it  will  be  such  as  to  call  into  exercise  all 
your  powers  of  vigilance  and  discrimination.  *  *  *  This  is 
the  field  in  which  the  Teacher  is  to  study  hiiman  nature,  for  here 
it  shows  itself  without  disguise.  It  is  through  this  class,  too,  that 
a  very  powerful  moral  influence  is  to  be  exerted  upon  the  rest  of 
the  school.  The  manner  in  which  such  individuals  are  managed  ; 
8 


114  TEACHERS. 

the  tone  the  Teacher  assumes  towards  them ;  the  gentleness  with 
which  he  speaks  of  their  faults ;  and  the  unbending  decision  with 
which  he  restrains  them  from  wrong,  will  have  a  most  powerful 
effect  upon  the  rest  of  the  school.  That  he  may  occupy  this  field, 
therefore,  to  the  best  advantage,  it  is  necessary  that  he  shbuld 
first  thoroughly  explore  it. 

"  Every  boy  has  something  or  other  which  is  good  in  his  dis- 
position and  character,  which  he  is  aware  of,  and  on  which  he 
prides  himself;  find  out  what  it  is,  for  it  may  often  be  made  the 
foundation  on  which  you  may  build  up  the  superstructure  of 
reform.     Every  one  has  his  peculiar  sources  of  enjoyment  and 
objects  of  pursuit,  which  are  before  his  mind  from  day  to  day ; 
find  out  what  they  are,  that  by  taking  an  interest  in  what  interests 
him,  and  perhaps  sometimes  assisting  him  in  his  plans,  you  can 
bind  him  to  you.     Every  boy  is,  from  the  circumstances  in  which 
he  is  placed  at  home,  exposed  to  temptations  which  have  perhaps 
had  a  far  greater  influence  in  the  formation  of  his  character,  than 
any  deliberate  and  uitentional  depravity  of  his  own.     Ascertain 
what  these  temptations  are,  that  you  may  know  where  to  pity  him 
and  where  to  blame.     The  knowledge  which  such  an  examination 
of  character  wUl  give  you  will  not  be  confined  to  making  you 
acquainted  with  the  individual.     It  will  be  the  most  valuable 
knowledge  which  a  man  can  possess,  both  to  assist  him  in  the 
general  administration  of  the  school,  and  in  his  intercourse  among 
mankind  in  the  business  of  life.     *     *     *     Whenever  a  boy  has 
been  guilty  of  an  offence,  the  best  way  is  to  go  directly  and  frankly 
to  the  individual,  and  come  at  once  to  a  -full  understanding.     In 
nine  cases  out  of  ten  this  course  will  be  efiectual.     To  make  it 
successful,  however,  it  should  be  done  properly.     Several  things 
are  necessary.     It  must  be  deliberate;  generally  better  after  a 
little  delay.     It  must  be  indulgent,  so  far  as  the  view  which  the 
Teacher  takes  of  the  guilt  of  the  pupU  is  concerned  ;  every  palliat- 
ing consideration  must  be  felt.     It  must  be  firm  and  decided  in 
regard  to  the  necessity  of  a  change,  and  the  determination  of  the 
Teacher  to  eflect  it.     It  must  also  be  open  and  frank ;  no  insinua- 
tions, no  hints,  no   surmises,  but  plain,  honest,   open   dealing. 
*     *     *     Is    corporal    punishment   allowable    and    necessary? 
Sometimes,  certainly.     Order  must   exist.     Obedience   must  be 
given.     If  the  higher  motives  fail,  Vecourse  must  be  had  to  the 
lower.     But  the  child  on  whom  it  is  to  be  inflicted  must  be  in  a 


TEACHEES.  115 

wretchedly  low  state;  and  the  Teacher  who  habitually  has 
recourse  to  it,  must  be  considered  as  not  well  understanding  the 
principles  or  the  duties  of  his  calling." 

To  the  instructions  and  advice  contained  in  the  foregoing 
extracts,*  I  will  add,  that  Teachers  are  authorized  to  suspend 
pupils,  for  violation  of  the  order  of  the  school.  Such  suspension 
is  temporary  only,  and  may  be  resorted  to  in  extreme  cases,  until 
the  conduct  of  the  offending  pupil  shall  be  reported  to  the  Directors, 
and  investigated  by  them.  Permanent  suspension,  for  the  term^ 
can  only  be  inflicted  as  a  punishment  by  the  Board,  and  it  must 
be  a  very  grave  offence  to  justify  so  severe  a  remedy.  It  is  quite 
right  for  the  Board  to  confide  to  the  Teacher  the  privilege  of  ter- 
minating suspension  for  bad  conduct,  in  the  case  of  any  pupil,  as 
he  is  usually  the  best  judge  of  the  character  of  his  pupils,  and  can 
best  determine  whether  the  repentance  of  the  culprit  be  genuine 
or  not.  Suspension  for  truancy  is  a  questionable  punishment, 
since  it  oftener  accomplishes  the  object  of  the  truant  than  that  of 
the  Teacher. 

3.  It  is  the  duty  of  the  Teacher  to  make  out  and  return  his 
schedule  to  the  Directors. — The  schedule  should  be  kept  neatly 
and  correctly.  "  The  schedule  must  show  the  absence  or  presence 
of  every  scholar,  under  the  proper  date,  and  opposite  to  the  name, 
on  every  day  that  the  school  has  been  kept  open."  No  time  is 
fixed  in  the  Law  specifically  for  the  return  of  the  schedule  by  the 
Teacher  to  the  Directors, — only,  "  when  the  Teacher  shall  have 
com2')leted  his  or  her  schedule,"  is  the  return  required.  The 
schedule  must  be  returned  to  the  Directors.  The  Law  makes  it 
the  duty  of  the  Teacher  to  "  deliver  it  [the  schedule]  to  some  one 
of  the  Directors."  If,  in  consequence  of  not  being  delivered  to 
the  Directors,  the  schedule  should  be  lost,  as  has  hapi^ened,  the 
Teacher  is  responsible  for  such  loss.  The  schedule  must  he  cer- 
tified hj  the  Teacher.  If  the  schedule  be  returned  to  the  Directors 
without  being  certified  by  the  Teacher,  the  return  is  not  legal. 
Teachers  are  required  to  keep  a  separate  schedule  for  pupils  who 
are  transferred  from  another  district. 

4.  It  is  held  that  the  Teacher  may  dismiss  school  on  the  usual  holi- 
days without  loss  of  the  time.  The  usual  holidays  are  New  Year's 
and  Christmas  days.  Independence  day,  and  days  of  public  fast- 

*  These  extracts  are  taken  from  ' '  Tlie  School  and  the  Schoolmaster,^ '  and  ' '  Abbott's 
Teacher.'''' 


116  TEACHEES. 

ing  and  prayer,  or  of  public  thanksgiving,  appointed  by  tbe  State 
or  National  authorities.  When  school  is  so  dismissed,  the  Teach- 
er's time  is  to  be  reckoned  precisely  as  if  school  had  not  been 
dismissed.  While  Teachers  may  dismiss  school  upon  the  holi- 
days as  stated,  yet  if  they  agree  with  the  Directors  to  waive  such 
l^rivilege,  then  they  are  under  obligation  to  teach  on  holidays,  if 
the  Board  require  it. 

5.  The  jurisdiction  of  the  Teacher  includes  the  school  room  and 
school  premises.  Pupils  are  under  the  Teacher's  authority,  not 
only  while  they  are  in  the  school  room  and  during  school  hours, 
but  -while  they  are  on  the  school  premises.  Order  and  obedience 
may  and  should  be  commanded  by  the  Teacher  of  his  pupils  both 
in  and  out  of  the  school  room,  so  long  as  they  are  in  the  school 
room  or  upon  the  school  grounds,  and  for  any  violation  of  order 
in  this  respect  the  Teacher  may  call  his  pupils  to  account,  and 
pimish  them,  if  it  be  deemed  necessary. 

6.  It  is  the  duty  of  the  Teacher  to  return  a  monthly  Report  to  the 
School  Commissioner.  The  form  of  this  Report  is  given  in  Part 
II.,  and  may  be  found  by  referring  to  the  Index.  It  is  of  great 
importance  that  this  duty  be  attended  to  regularly  and  promptly. 

7.  Teachers  may  be  dismissed  for  cause.  Directors  are  author- 
ized to  dismiss  a  Teacher  for  "  incompetency,  cruelty,  negligence 
or  immorality."  This  is  a  dismissal  from  employment.  The 
School  Commissioner  is  authorized  to  revoke  a  Teacher's  license 
for  "gross  immorality,  incompetency,  or  other  adequate  cause." 
The  eifect  of  such  revocation  is  a  dismissal  from  the  profession.^ 
by  which  the  Teacher  is  deprived  of  his  right  to  teach.,  until 
he  shall  have  been  re-licensed  by  the  same  or  another  Commis- 
sioner. 


SCHOOL   HOUSES.  Il7 


SCHOOL  HOUSES  AND  SCHOOL  SITES. 

School  houses  are  to  be  built  at  the  expense  of  the  districts  in 
which  they  are  situated.  For  this  purpose  it  is  provided  in  the 
Law  that  a  special  tax  may  be  levied  upon  the  taxable  property 
of  the  district.  A  school  house  cannot  be  erected  in  any  district 
until  the  proposition  to  build  shall  have  been  submitted  to  the 
people,  at  an  election  held  for  the  purpose,  [/Sec.  48]  and  shall 
have  been  aj^proved  by  a  majority  of  the  legal  voters  present  and 
voting  at  such  election.  A  tax  cannot  be  levied  to  build  a  school 
house,  without  the  consent  of  a  majority  of  the  voters  present 
and  voting  at  an  election  called  for  the  piRrpose.  The  amount  of 
tax  levied  in  any  one  year  to  build  a  school  house  can  not  exceed 
[/Sec.  47]  two  per  cent,  of  the  taxable  j^ rosier ty  of  the  district. 
Directors  may  be  authorized  by  a  vote  of  the  people  of  the  dis- 
trict to  borrow  money  for  the  purpose  of  building  a  school  house, 
at  a  rate  of  interest  not  exceeding  ten  per  cent.,  and  issue  bonds 
in  sums  of  not  less  than  one  hundred  dollars  for  the  payment  of 
the  sum  borrowed,  but  the  sum  borrowed  in  any  one  year  shall 
not  exceed  three  per  cent,  of  the  taxable  property  of  the  district. 

When  it  is  proposed  to  build  a  school  house  in  any  district,  the 
first  business  of  importance  is  to  select  a  suitable  site.  Reference 
should  be  had,  in  selecting  a  site  for  the  school  house,  to  the 
quantity  of  land  to  be  embraced  in  the  premises,  and  to  its 
locality.  For  a  school  house  situated  in  the  country,  a  half  acre 
of  land  is  the  very  least  that  should  be  used,  and  an  acre  should 
be  secured,  if  possible.  As  soon  as  obtained,  it  should  be  enclosed 
with  a  neat,  substantial  fence,  and  should  be  set  out  with  shade 
trees,  unless  nature  has  already  provided  sufficient  shade.  Scholars 
will  thus  have  a  commodious  and  pleasant  play-ground,  and  may 
exercise  themselves  sufficiently  within  the  limits  of  the  school 
grounds,  without  trespassing  upon  the  neighboring  premises.  As 
to  locality,  the  school  house  should  be  situated  as  near  the  centre 
of  population  as  possible,  thus  affording  as  equal  accommodations 
as  may  be  to  all  the  school-going  cliildren  of  the  district.  Refer- 
ence should  be  had  to  the  prospective  as  well  as  present  population 
of  the  district,  as  a  district  school  house  cannot  be  built  every 


118  SCHOOL   HOUSES. 

year,  and  is  intended  for  future  as  well  as  present  use.  The  loca- 
tion of  the  school  house  should  be  healthful.  Places  in  the  vicinity 
of  stagnant  or  sluggish  streams  should  be  avoided.  Low  and 
damp,  or  bleak  and  exposed  positions  are  unsuitable.  No  con- 
siderations of  false  economy  should  influence  a  district  to  prefer 
an  unhealthy  location,  because  it  may  happen  to  be  a  few  dollars 
cheaper  than  a  healthy  one.  When  the  site  has  been  determined 
upon,  and  before  it  is  purchased,  or  the  building  commenced,  the 
Directors  should  satisfy  themselves  that  a  perfect  title  can  be 
obtained,  so  that  in  the  event  the  site  should  hereafter  prove 
inconvenient  or  unsuitable,  it  may  be  readily  sold  and  clearly  con- 
veyed. School  sites  cannot  be  obtained  from  the  holders  of  land 
upon  compulsion. 

The  question  of  site  being  settled,  the  next  business  is  to  deter- 
mine upon  the  kind  and'plan  of  school  house.  As  to  the  kind  of 
house,  it  must  be  considered  of  what  materials  it  shall  be  built, 
and  this  must  be  decided  from  considerations  of  utility  and 
economy.  Estimates  of  cost,  in  different  localities,  as  between  a 
building  of  wood,  and  of  brick,  or  of  stone,  will  vary  in  jjropor- 
tion  as  the  cost  of  such  materials  varies,  in  the  same  localities. 
•  Only  let  no  estimate  he  made  on  the  cost  of  logs.  Of  the  plan  of 
the  school  house,  it  will  be  necessary  to  fix  upon  the  dimensions 
of  the  building.  This  will  be  detei*mined  by  the  number  of 
pupils  it  is  designed  to  accommodate.  Of  course  in  building  a 
school  house,  some  reference  will  be  had  to  its  future  use,  when 
the  population  of  the  district  shall  have  increased.  The  plan  of 
a  proposed  school  house  should  be  well  and  thoroughly  matured. 
It  would  be  well,  before  fixing  upon  the  plan,  to  consult  an  archi- 
tect or  some  approved  work  on  the  subject  of  School  Architecture, 
or  to  visit  and  examine  other  good  school  houses,  or  if  there  be 
no  model  building  in  the  vicinity,  to  correspond  with  the  school 
officers  of  some  district  in  which  a  good  house  has  been  buUt,  and 
obtain  from  them  a  statement,  in  detail,  of  plan.  At  any  rate, 
have  the  house  sufliciently  large,  1.  To  admit  the  requisite  number 
of  desks  and  seats  ;  2.  To  allow  every  pupil  room  to  sit  com- 
fortably, and  to  leave  his  seat  without  disturbing  any  one  else  ;  3. 
To  afford  space  in  front  of  the  desks  and  next  the  Teacher's  plat- 
form for  the  convenient  arrangement  of  classes  while  reciting ;  4. 
To  have  aisles  or  passages  of  sufficient  number  and  width  to 
allow  pupils  to  pass  and  re-pass  without  being  incommoded  or 


SCHOOL   HOUSES.  119 

incommoding  others ;  5.  To  secure  a  wholesome  atmosphere. 
The  space  between  the  Teacher's  platform  and  the  first  desk 
should  he  not  less  than  eight  feet ;  ten  feet  would  be  better.  The 
platform  may  be  raised  about  eight  or  ten  inches.  Every  avail- 
able space  of  wall  in  the  vicinity  of  the  Teacher's  position  should 
be  used  for  black-board  purposes.  It  is  better  to  have  no  window 
in  that  end  of  the  house  occupied  by  the  Teacher,  and  toward 
which  the  pupils  face  when  sittiiig  at  their  desks.  A  small  room 
or  I'ooms,  communicating  with  the  entrance,  and  through  which 
the  pupils  pass  on  entering  the  school-room,  should  be  partitioned 
off,  to  be  used  as  wardrobe,  furnished  with  wooden  or  iron  pins 
for  the  accommodation  of  hats,  bonnets,  cloaks,  shawls,  &c.  Con- 
siderations of  health  require  a  good,  high  ceiling,  and  a  certain 
space  for  each  pupil.  Every  scliolar  must  have  pure  air.  To 
secure  this,  he  must  have  not  only  sufficient  space  on  the  floor, 
but  sufficient  space  also  between  the  floor  and  the  ceiling.  Every 
pupil,  within  doors,  needs  about  150  cubic  feet  of  space  in  which 
to  live  and  respire  healthfully.  So,  if  he  occupy  a  space  on  the 
floor  of  three  and  a  half  feet  square,  the  height  of  the  room 
should  be  about  fourteen  feet.  The  window  sashes  should  be 
swimg  with  weights,  and  ventilation  should  be  chiefly  regulated 
by  lowering  and  closing  the  upper  sash.  Seats  and  desks  should 
be  of  uniform  pattern,  and  of  sizes  adapted  to  the  pupils  who  use 
them,  and  should  be  arranged  in  rows  or  ranges  at  equal  dis- 
tances. It  is  better  for  all  the  pupils  to  sit  facing  towards  the 
Teacher's  desk.  There  should  be  enough  light  in  the  room,  but 
not  too  much.  "  The  windows  should  be,  if  possible,  on  the  east 
and  west  sides  of  the  room,  on  the  right  and  left  of  the  pupils 
and  Teacher.  Windows  on  the  north  admit  too  much  cold  in 
winter ;  on  the  south,  too  intense  a  light,  at  the  hour  when  it  is 
greatest.  The  eye  is  often  materially  and  permanently  injured 
by  being  directly  exposed  to  strong  light;  and  if  the  light  come 
from  behind,  the  head  and  body  interposed  throw  the  book  into 
their  shadow.  If  windows  open  towards  a  road,  or  any  other 
object  attractive  to  children,  they  should  be  so  high  that  the 
pupil,  sitting,  cannot  look  out.  Windows  set  high  give  a  more 
uninterrupted  light,  and  are  less  liable  to  be  broken  than  low 
ones.  But  if  the  house  be  situated  at  a  distance  from  attractive 
objects,  the  windows  may  be  at  the  usual  cheerful  height.  In  any 
case,  they  should  be  furnished  with  blinds  or  green  curtains." 


120  SCHOOL   HOUSES. 

Tlie  usual  mode  of  heating  school  houses  is  by  means  of  common 
stoves,  and  perhaps  any  better  way  will  be  found  generally 
impracticable.  Teachers  should  watch  the  temperature  of  the 
room,  and  guage  it,  by  means  of  a  thermometer,  at  about  60 
degrees.  More  detailed  suggestions  can  not  here  be  given.  The 
school  house  and  school  premises  should,  in  all  their  internal  and 
external  arrangements,  be  a  model  of  convenience,  neatness, 
beauty,  order  and  comfort.  Ordinarily,  we  do  not  seek  for 
splendor  and  magnificence  in  the  construction  of  our  school 
houses.  We  do  seek,  however,  for  beauty,  order  and  com- 
fort. Let  every  school  district  feel  a  pride  in  erecting  a  good 
school  house,  and  let  public  02jinion  sanction  and  encourage  an 
enterprising  and  liberal  policy  in  this  resj)ect.  Then  may  we 
soon  hope  for  a  better  progress  in  all  that  pertains  to  the  useful- 
ness and  success  of  our  common  school  system. 

After  agreeing  and  determining  upon  the  size  and  style  of  the 
school  house  to  be  built,  the  Directors  should  prepare,  or  cause 
to  be  prepared,  a  plan  and  specifications  of  the  work,  after  which 
the  contract  may  be  let.  In  some  cases,  the  work  is  let  publicly, 
to  the  lowest  bidder ;  but  there  is  nothing  in  the  Law  requiring 
this.  The  Board  may  act  as  they  deem  j^roper,  but  should 
endeavor  to  conform  to  the  general  wishes  of  the  people,  so  that 
no  dissatisfaction  follow.  Directors  should  be  well  satisfied  of 
the  competency  and  responsibility  of  a  bidder,  or  of  a  party  pro- 
posing to  execute  the  work,  before  employing  him.  A  written 
contract  should  be  entered  into  in  every  case.  Directors  cannot 
contract  for  the  building  of  a  school  house  with  one  who  is  a 
member  of  the  Board. 

Supervision  and  Control  of  School  Houses. — By  Section 
39,  the  Directors  are  vested  with  the  exclusive  supervision  and 
control  of  school  houses.  It  is  the  doctrine  of  the  Law  rigidly 
interpreted,  that  school  liouses  are  to  be  used  for  school  purposes 
only.  They  are  public  property,  it  is  true,  but  the  control  of 
them  is  vested  exclusively  in  the  Board,  and  citizens,  though  they 
have  a  real  right  and  interest  in  them,  cannot  use  them  for  public 
purposes  without  the  consent  of  the  Du*ectors.  And  Directors 
should  not  permit  them  to  be  used  for  other  than  school  purposes 
only  when  such  use  is  calculated  to  promote  public  intelligence 
and  virtue,  and  especially  the  improvement  of  youth.     It  is  legiti- 


SCHOOL   HOUSES.  121 

mate  to  use  school  houses  for  Teachers'  Institutes,  or  for  public 
educational  meetings.  When  persons  are  occupying  a  school 
house  with  the  consent  of  the  Directors,  they  cannot  be  lawfully 
interrupted,  and  if  interrupted,  the  offenders  may  be  dealt  with  as 
trespassers. 

The  duty  of  Directors  to  supervise  and  control  school  houses 
implies  the  exercise  of  a  special  care  over  the  building  and  pre- 
mises, and  obliges  them  to  keep  the  whole  in  good  repair.  They 
should  see  that  the  school  house  is  provided  with  a  good  lock  and 
key,  that  the  windows  are  kept  whole  by  removing  broken  panes 
and  substituting  new  ones,  that  stoves  are  supplied  and  so  secured 
as  to  prevent  accident  from  fire,  that  the  desks,  seats,  furniture, 
&c.,  are  protected  from  injury,  that  the  well,  fences  and  out- 
buildings are  kept  in  good  condition,  and  where  these  are  wanting 
to  supply  them.  These  duties  will  incur  expense,  which  must  be 
provided  for  in  estimating  the  annual  tax. 

Furniture  and  Apparatus  for  School  Houses. — It  is  the 
duty  of  Directors  to  provide  suitable  furniture  and  apparatus  for 
school  houses.  The  Law  does  not  specify  the  very  kinds  of  furni- 
ture or  apparatus  to  be  provided,  but  leaves  it  to  the  discretion 
of  the  Board  to  act  as  may  be  jDrudent  and  necessary.  It  is  their 
duty  to  supply  such  furniture  and  apparatus,  in  quality  and  amount, 
as  may  be  necessary,  and  as  the  means  at  their  disposal  will  per- 
mit. They  are  to  direct  "  what  branches  will  be  taught."  This 
implies  their  right  to  provide  whatever  is  necessary  to  secure  the 
right  teaching  of  the  branches  they  prescribe,  and  hence  all  appa- 
ratus that  may  be  required  to  illustrate  and  facilitate  the  prescribed 
studies  may  be  furnished  by  them.  Blach-hoards  are  indispens- 
able, and  the  more  the  better.  Maps,  charts,  globes,  &c.,  are 
necessary,  and  may  be  provided.  Every  school  house  should  be 
furnished,  too,  with  a  large  Bible  and  a  Dictionary.  Apparatus 
for  physical  and  gymnastic  training  is  useful,  and  every  school 
should  be  properly  supplied  with  whatever  is  necessary  to  advance 
the  physical  education  of  its  pupUs. 


122  SCHOOLS  IN   CITIES. 


SCHOOLS  IN  CITIES  AND  INCORPORATED  TOWNS. 

Schools  in  cities  and  incorporated  towns,  which  have  been 
organized  under  special  charters,  and  which  are  under  the  super- 
vision and  control  of  local  and  corporate  Boards,  are  subject  to 
the  rules  and  regulations  of  such  Boards  made  in  pursuance  of 
said  special  charters.  The  enactments  of  city  and  town  Boards 
of  Education,  made  under  the  authority  of  special  charters,  super- 
sede and  set  aside  the  provisions  of  the  general  School  Law,  and 
the  legally  constituted  school  authorities  of  cities  and  towns,  acting 
under  their  respective  charters,  have  full  power  to  make  such 
rules  and  regulations  for  the  government  of  schools  as  they  may 
deem  prudent  and  proper. 

It  is  required  by  Section  79  of  the  general  Act,  that  Boards  of 
Education,  acting  under  special  charters,  shall  report  to  the  proper 
School  Commissioner  the  statistical  information  demanded  by  the 
State  Department,  and  in  this  respect,  such  Boards  are  subject  to 
precisely  the  same  requirements  as  township  and  district  school 
officers,  acting  under  the  general  Law.  In  default  of  furnishing 
said  statistics,  no  part  of  the  common  school  fund  can  be  paid  to 
the  Treasurer  of  said  Board. 

Under  the  special  powers  conferred,  School  Boards  acting  under 
a  local  character,  may  form  such  districts  as  they  may  deem  best ; 
they  may  prescribe  such  rules  for  the  admission  of  pupils,  and  for 
the  government  of  schools  as  they  may  judge  proper ;  they  may 
devise  such  plans  and  arrangements  for  the  building  and  furnish- 
ing of  school  houses  as  may  be  thought  necessary ;  and  they  may 
prescribe  their  own  rules  and  regulations  with  reference  to  the 
qualifications  of  Teachers  and  their  employment  in  the  schools 
under  their  control.  In  a  word,  they  are  empowered  to  manage 
in  all  respects  their  own  local  schools  in  their  own  way,  subject 
only  to  the  provision  of  Section  79,  requiring  statistical  returns 
to  be  made  to  the  School  Commissioner  at  such  times  and  in  such 
manner  as  is  required  by  the  general  Act. 


NOBMAL   TJNIVEESITY.  123 


NORMAL  UNIVERSITY. 

PRELIMINARY   REMARKS. 

The  State  of  Illinois  has  enjoyed  the  advantage  of  being  settled 
by  active,  energetic,  vigorous  and  progressive  men — men  wlio  are 
so  far  free  from  the  trammels  of  early  prejudices,  and  the  usages 
to  which  they  had  been  accustomed  in  other  States,  as  to  be 
willing  to  adopt  new  ideas,  and  to  inaugurate  new  measures  when- 
ever the  circumstances  seem  to  demand  such  a  course.  And 
among  all  our  people,  the  Teachers  are  in  a  special  manner  charac- 
terized by  this  trait.  No  improvement  in  educational  methods 
has  ever  been  rejected  by  Illinois  School  masters  because  of  a 
selfish  jealousy,  or  a  blind  attachment  to  ancient  ways.  They 
have  been  ready  at  all  times  to  extend  a  cordial  welcome  to  every 
new  truth  that  has  been  proclaimed  by  the  pioneers  in  educational 
progress,  to  encourage  and  applaud  every  step  in  advance. 

And  nowhere  has  this  generous  and  sensible  tendency  been 
more  manifest  than  in  the  matter  of  the  Normal  University.  In 
many  States  the  establishment  of  Normal  Schools  has  been  opposed 
by  the  body  of  Teachers,  lest  its  graduates  should  assume  to  push 
present  incumbents  from  their  places,  and  to  take  possession, 
themselves,  of  every  position  of  honor  and  influence  in  the  j^ro- 
fession.  But  no  such  petty  delusion  found  fxvor  with  the  Teach- 
ers of  Illinois.  On  the  contrary  they  were  the  first,  in  their 
public  meetings,  institutes  and  associations,  to  demand  the  prac- 
tical recognition,  in  this  State,  of  the  prmciple  that  Teachers  ought 
to  be  prepared  for  their  work,  as  physicians,  lawyers  and  clei-gy- 
men  are  required  to  be  for  theirs.  It  is  now  nearly  thirteen  years, 
since  these  earnest  men  began  to  move  in  the  matter  by  news- 
paper articles,  lectures  and  discussions.  Of  course,  as  is  always 
the  case  with  movements  of  this  kind,  the  result  was  by  no  means 
easily  reached,  nor  did  it  come  at  once.  Six  years  of  agitation 
was  required  to  prepare  the  public  mind  of  even  progressive 
Illinois  for  the  adoption  of  a  measure  so  vitally  important  to  a 
successful  system  of  education.  It  was  not  until  the  18th  day  of 
February,  1857,  that  the  act  establishing  the  "State  Normal 
University  near  Bloomington,  in  the  County  of  McLean,"  was 
signed  by  the  Governor. 


124  normal  uni"versity. 

pkovisio:n^s  of  university  act. 

By  this  act,  fourteen  gentlemen  therein  named,  together  with 
the  Superintendent  of  Public  Instruction  ex-officio,  are  appointed 
a  body  corporate  and  politic,  to  be  styled  "  The  Board  of  Educa- 
tion of  the  State  of  Illinois."  This  Board  is  to  have  and  exercise 
all  the  powers  necessary  to  hold  j^roperty,  to  enter  into  contracts, 
and  to  perform  aU  the  duties  usually  performed  by  trustees  of 
corporations.  It  is  to  govern  and  control  the  Normal  University, 
by  any  necessary  regulations  not  in  conflict  with  the  constitution 
and  laws  of  Illinois  and  of  the  United  States. 

The  Superintendent  of  Public  Instruction  is  to  be  a  member 
and  Secretary  of  the  Board,  and  to  report  to  the  Legislature, 
biennially,  the  condition  and  expenditures  of  the  University. 

ISTo  member  of  the  Board  of  Education  is  to  receive  any  com- 
pensation for  attendance  on  the  meetings  of  the  Board,  except  his 
necessaiy  expenses.  Five  members  constitute  a  quorum  at  any 
meeting,  provided  all  have  been  notified. 

"The  objects  of  the  University  shall  be  to  qualify  Teachers  for 
the  Common  Schools  of  this  State  by  imparting  instruction  in  the 
art  of  teaching  in  all  branches  of  study  which  belong  to  a  common 
school  education  ;  in  the  elements  of  the  natural  sciences,  including 
agricultural  chemistry,  animal  and  vegetable  physiology ;  in  the 
fundamental  laws  of  the  United  States  and  of  the  State  of  Illinois, 
in  regard  to  the  rights  and  duties  of  citizens  ;  and  such  other 
studies  as  the  Board  of  Education  may  from  time  to  time 
prescribe." 

The  Board  is  to  prescribe  text-books,  apparatus  and  furniture, 
and  to  provide  the  same.  Also  to  appoint,  and  fix  the  salaries  of 
all  officers  and  Teachers  necessary,  and  to  have  power  to  remove 
any  of  them  for  proper  cause,  after  a  notice  of  ten  days,  setting 
forth  any  charge  which  maybe  duly  presented,  and  after  a  reason- 
able opportunity  of  defence. 

The  seventh  section  of  the.  act  is  as  follows: 

"  Each  County  within  the  State  shall  be  entitled  to  gratuitous 
instruction  for  one  pupil  in  said  Normal  University,  and  each  Repre- 
sensative  District  shall  be  entitled  to  gratuitous  instruction  for  a 
number  of  pupils  equal  to  the  number  of  representatives  in  said 
district,  to  be  chosen  in  the  following  manner:  The  School  Com- 
missioner in  each  county  shall  receive  and  registei'  the  names  of  all 
applicants  for  admission  to  said  Normal  University,  and  shall  })i-esont 
the  same  to  the  County  Court,  or,  in  counties  acting  under  town- 


NORMAL   UNIVERSITY.  125 

sliip  organization,  to  the  Board  of  Supervisors  ;  whicli  said  County 
Court  or  Board  of  Supervisors,  as  the  case  may  be,  shall,  together 
Avith  the  School  Commissioner,  examine  all  applicants  so  presented, 
in  such  manner  as  the  Board  of  Education  may  direct,  and  from 
the  number  of  such  as  shall  be  found  to  possess  the  requisite  quali- 
fications such  pujjils  shall  be  selected  by  lot ;  and  in  representative 
districts  composed  of  more  than  one  county,  the  School  Commis- 
sioner and  County  Judge,  or  the  School  Commissioner  and  Chair- 
man of  the  Board  of  Supervisors  in  counties  acting  under  township 
organization,  as  the  case  may  be,  of  the  several  counties  composing 
such  representative  disti'ict,  shall  meet  at  the  Clerk's  ,office  of  the 
County  Court  of  the  oldest  comity,  and  from  the  applicants  so 
presented  to  the  County  Court  or  Board  of  Supervisors  of  the 
several  counties  represented,  and  found  to  possess  the  requisite 
qualifications,  shall  select  by  lot  the  number  of  pupils  to  which 
said  district  is  entitled.  The  Board  of  Education  shall  have  dis- 
cretionary power,  if  any  candidate  does  not  sign  and  file  with  the 
Secretary  of  the  Board  a  declaration  that  he  or  she  will  teach  in 
the  public  schools  within  this  State,  in  case  that  engagement  can 
be  secured  by  reasonable  efforts,  to  require  such  candidate  to 
provide  for  the  payment  of  such  fees  for  tuition  as  the  Board  may 
prescribe." 

(AMENDED  FEBRUARY,  1861.) 

"  Sec.  4.  Each  County  in  this  State  shall  hereafter  be  entitled 
to  gratuitous  instruction  for  two  pupils  in  said  University,  to  be 
selected  as  provided  in  Section  Seven  of  the  Act  to  which  this  is 
an  amendment." 

The  following  was  adopted  by  the  Board  of  Education,  Decem- 
ber 18th,  1861: 

"  Resolved,  That  the  Principal  may,  at  his  discretion,  admit 
to  the  Normal  University  more  than  two  students  from  each 
county,  pi'ovided  the  whole  number  of  students  shall  not  exceed 
the  aggregate  of  two  from  each  county,  and  one  from  each  repre- 
sentative district." 

The  act  appropriates  the  interest  of  the  University  and  Seminary 
fund  to  the  support  of  the  Normal  Uni^^ersity,  but  no  part  of  such 
interest  is  to  be  used  in  the  purchase  of  sites  or  the  erection  of 
buildings. 

The  members  of  the  Board  hold  their  offices  for  six  years,  and 
all  members,  since  the  first,  are  appointed  by  the  Governor,  by 
and  with  the  advice  and  consent  of  the  Senate.  Those  appointed 
in  the  act  divided  themselves  by  lot  into  three  classes,  so  that  one 
third  of  the  members  Avere  to  hold  office  for  two  years,  one  third 
for  four  years  and  one  third  for  six  years.     This  secures  the  Board 


325  NORMAL  imiVEESITY. 

against  abrupt  changes,  and  insures  at  all  times  a  majority  of 
experienced  members. 

At  each  biennial  meeting,  one  of  the  members  of  the  Board  is 
elected  President,  and  another  person,  not  a  member,  is  chosen 
Treasurer,  the  latter  of  whom  gives  bonds  satisfactory  to  the 
Board,  conditioned  for  the  faithful  discharge  of  his  duties. 

EARLY   PEOCEEDEEfGS    OF   BOARD,   BUILDING,   &C. 

The  Board,  appointed  in  the  act,  consisted  of  C.  B.  Denio, 
Simeon  Wright,  Daniel  Wilkin s,  C.  E.  Hovey,  George  P,  Rex, 
Samuel. W.  Moulton,  John  Gillespie,  George  Bunsen,  Wesley 
Sloan,  Ninian  W.  Ed\vards,  John  Eden,  Flavel  Moseley,  William 
H.  Wells,  Albert  R.  Shannon,  and  the  Superintendent  of  Instruc- 
tion, W.  H.  Powell.  They  held  their  first  meeting  in  the  Super- 
intendent's office  in  Springfield  on  Tuesday,  May  4th,  1857. 
Hon.  N.  W.  Edwards  was  elected  President.  They  at  once 
entered  upon  the  work  for  which  they  had  been  appointed.  An 
agent,  Mr.  Simeon  Wright,  was  appointed  to  visit  some  of  the 
locations  in  the  State  where  it  had  been  proposed  to  establish  the 
University,  and  to  receive  proposals,  in  accordance  with  the  pro- 
visions of  the  act,  which  directed  the  building  to  be  erected 
where  the  greatest  inducements  should  be  offered,  provided  the 
location  should  not  be  difficult  of  access,  or  otherwise  objection- 
able. By  fiir  the  most  favorable  ofier  was  made  by  the  County 
of  McLean,  the  City  of  Bloomington,  and  individuals,  citizens  of 
the  County.  Cash  and  land  to  the  value  of  one  hundred  and 
forty-one  thousand  dollars  were  offered  to  secure  the  permanent 
location  of  the  Institution  near  Bloomington.  Here,  therefore,  a 
site  for  the  building  was  fixed  upon,  and  the  work  was  vigorously 
begun.  The  contract  was  made  on  the  19th  August,  1857.  But 
the  financial  revulsion  of  that  year  soon  came  on.  Individuals 
found  it  impossible  to  me^t  their  engagements.  Lands  donated 
by  the  county  could  not  be  sold  at  anything  like  their  appraised 
value.  The  necessary  funds  for  carrying  on  the  work  could  not 
be  procured,  and  the  enterprise  was  temporarily  suspended.  The 
suspension  appears  to  have  extended  from  the  latter  part  of  the 
year  1857  to  the  spring  or  summer  of  1859.  And  the  first  use 
made  of  the  building  was  on  Friday,  June  29th,  1860,  when  the 
assembly  room  was  temporarily  arranged  for  the  commencement 
exercises  of  the  first  graduating  class.     On  Monday,  September 


NOKMAL  UNIVERSITY.  127 

l7th,  of  the  same  year,  the  Institution  first  took  up  its  permanent 
abode  in  the  new  building,  where  it  has  ever  since  remained, 
probably  the  best  housed  of  any  Normal  School  on  the  continent. 
During  the  three  years  from  August,  1857,  to  September,  1860, 
the  most  persistent  and  vigorous  efforts  were  put  forth  by  the 
friends  of  the  School,  members  of  the  Board,  and  others,  to  secure 
the  completion  of  the  building.  Their  labors  in  its  behalf  were 
beyond  praise, — they  were  deserving  of  universal  admiration. 
And  nothing  short  of  such  labors  could  have  saved  this  building 
from  the  fate  of  so  many  state  educational  structures  begun  about 
the  same  time  in  the  West,  that  stand  forth  to-day  unfinished 
ruins,  the  abodes  of  the  owl  and  the  bat  before  they  had  ever 
subserved  any  human  purpose.  And  it  will  not  be  deemed  invid- 
ious to  notice  as  a  preeminent  man  among  these  earnest  laborers, 
Charles  E.  Hovey,  the  first  Principal  of  the  Institution. 

HISTORY    OF    SCHOOL. 

Mr.  Hovey  was  appointed  to  his  office  of  Principal  on  the  23rd 
of  June,  1857,  and  in  July  issued  circulars  to  the  County  Com- 
missioners, announcing  that  the  first  session  would  open  on  the 
first  Monday  in  October.  In  the  meantime  it  was  necessary,  as 
the  University  building  existed  only  in  the  plans  of  the  architect, 
to  secure  temporary  accommodations  for  the  school.  For  this 
purpose  a  room  in  Bloomington,  known  as  Major's  Hall,  was 
rented  and  fitted  up  for  the  purpose,  as  well  as  circumstances 
would  permit.  The  seats  and  desks  ordered  from  Boston  did  not 
arrive  until  late  in  the  term,  and  rough  oaken  benches  were  used 
at  first  in  their  stead.  Of  desks  there  seems  to  have  been  none. 
In  this  room,  on  the  day  aforesaid,  the  Normal  School  of  the 
State  of  Illinois  began  its  existence,  with  Charles  E.  Hovey  and 
Ira  Moore  as  a  faculty,  and  six  young  men  and  thirteen  young 
women  as  students.  In  the  course  of  eight  days,  the  number 
increased  to  forty-three,  which  was  the  maximum  for  the  term. 
During  the  term  Mr.  Charlton  T.  Lewis  was  added  to  the  corps 
of  Instructors.  For  short  periods  during  the  year.  Miss  B.  M. 
Cowles  and  Mr.  Chauncey  Nye  were  also  employed  as  Teachers. 
The  Primary  Department  of  the  Model  School  was  also  opened 
during  the  first  year,  and  placed  under  the  charge  of  Miss  Mary 
M.  Brooks. 

The  session  of  1858  and  9  opened  in  September,  1858,  with  the 
following  faculty : 


128  KOEMAL    UNIVERSITY. 

Charles  E.  IIovey,  Principal,  and  Instructor  in  the  Theory 

and  Art  of  Teaching. 
Ira  Moore,  Instructor  in  Mathematics. 
Samuel  Willard,  Instructor  in  Language. 
Edwin  C.  Hewett,  Instructor  in  Reading  and  Geography, 
C.  M.  Cadt,  Instructor  in  Vocal  Music. 
E.  R.  Roe,  Lecturer  on  Chemistry  and  Philosophy. 
Miss  F.  A.  Peterson,  Assistant  Pupil  Teacher. 
Miss  Mart  M.  Brooks,  Instructor  in  Model  School. 

The  number  of  students  during  the  first  term  was  41  gentle- 
men, 57  ladies, — total  98. 

The  first  class  was  graduated  on  the  29th  June,  1860,  and  consisted 
of  six  young  men  and  four  young  ladies.  The  exercises,  as  already 
stated,  took  place  in  the  assembly  room  of  the  new  building. 

The  session  of  1860-1  commenced  with  the  following  changes 
in  the  Board  of  Instructors :  Leander  H.  Potter  had  been  ap- 
pointed in  the  place  of  Dr.  Willard,  Joseph  A.  Sewall  was 
Instructor  in  Natural  Sciences,  Miss  Peterson  was  a  full  member 
of  the  faculty,  J,  H.  Bryant  was  Instructor  in  Drawing,  and 
Irving  Vescelius  in  Penmanship.  The  Model  School  was  under 
the  instruction  of  Oliver  Libby,  Joseph  G.  Howell,  and  Miss 
Fannie  M.  Washburn. 

It  was  in  the  spring  of  1861  that  our  country  was  startled  by 
the  boom  of  rebellious  cannon  at  Sumpter,  and  that  the  loyal 
masses  of  oiu'  people  sprang  to  arms  in  defence  of  their  assaulted 
nationality.  Young  men,  in  pursuit  of  knowledge,  have  ever  been 
distinguished  by  their  sensitiveness  to  the  appeals  of  j^atriotism. 
Nor  did  history  fail,  in  this  instance,  to  be  true  to  her  antecedents. 
All  over  the  land,  the  students  were  among  the  first  to  rally  under  the 
old  flag,  and  an  army  list  became  a  feature  in  the  annual  catalogue 
of  almost  every  institution  of  learning.  Among  these*  the  Normal 
University  took  a  very  prominent  part.  Not  only  many  of  the 
students,  but  also  five  members  of  the  faculty,  including  the  Prin- 
cipal, entered  the  army  in  the  course  of  the  sj^ring  and  summer. 
One  of  the  Illinois  regiments,  the  33d,  organized  just  after  the 
close  of  the  annual  session,  elected  the  Principal  for  its  Colonel, 
and  was  known  as  the  Normal  Regiment,  and  it  was  in  this  that 
most  of  the  students  enlisted.  The  exercises  of  the  Institution 
were  carried  on,  however,  though  with  many  irregularities,  until 
the  regular  closing  of  the  school  year,  on  Friday,  the  3d  July, 
1861,  when  the  second  class  was  graduated. 


NORMAL   UNIVEESITY.  129 

The  events  just  alluded  to  greatly  deranged  the  ojierations  of 
the  University.  But  the  remaining  forces  were  rallied,  the  places 
of  the  absent  instructors  were  filled,  some  temporarily,  and  the 
fifth  year  began  with  the  following  faculty : 

Perkins  Bass,  Esq.,  a  member  of  the  Board,  Principal,  (tem- 
porary) assisted  by  Messrs.  E.  C.  Hewett  and  J.  A.  Sewall 
in  their  respective  departments,  Mr.  John  Hull  in  Mathe- 
matics, and  Mr.  B.  E.  Messer  in  Vocal  Music,  Miss  Margaret 
E.  Osband  in  Grammar  and  Rhetoric,  and  Miss  Frances  A, 
Peterson.  The  Model  Department  was  under  the  charge  of 
Mr.  H.  B.  Norton,  assisted  by  Misses  Mary  E.  Baker  and  Marion 
Goodrich,  who,  resigning  at  the  end  of  the  first  term,  were  suc- 
ceeded by  Mr.  C.  F.  Childs  and  Miss  L.  E.  Ketcham.  During 
the  second  term  Mr.  Hull  was  succeeded  by  Richard  Edwards. 
The  session  closed  on  Friday,  June  29th,  1862,  when  the  third  class 
was  graduated.  It  numbered  three  young  men  and  five  young 
ladies.  At  this  time  Mr.  Bass  retired  from  the  school  by  the 
termination  of  his  engagement,  and  Miss  Peterson  by  resig- 
nation. 

The  University  entered  upon  its  sixth  year  on  the  8th  Septem- 
ber, 1862,  with  Richard  Edwards  as  Principal,  Thomas  Metcalf 
as  Instructor  in  Mathematics,  and  Albert  Stetson  as  Instructor  in 
Language,  the  remaining  members  of  the  faculty  being  as 
during  the  previous  year,  with  the  exceptions  indicated  above. 
The  school  had  now  fully  recovered  from  its  prostration  on  accoimt 
of  the  war.  The  numbers  in  attendance  far  exceeded  those  of 
any  previous  time.  But  the  upper  classes,  from  obvious  reasons, 
continued  small.  The  years'  session  terminated  on  Friday,  June 
26,  1863,  when  the  fourth  class,  consisting  of  three  gentlemen 
and  four  ladies,  was  graduated.  At  the  close  of  the  year,  Mr. 
Childs  resigned  his  place  in  the  Model,  to  become  Principal  of 
the  St.  Louis  High  School.  Miss  Ketcham's  situation  also  became 
vacant  by  her  resignation. 

The  seventh  year  was  entered  upon,  September  Vth,  1863,  with 
no  change  in  the  faculty,  excepting  in  the  Model  School.  Mr.  W, 
L.  PiUsbury  was  appointed  to  succeed  Mr.  Childs,  and  Miss 
Marion  Hammond  to  succeed  Miss  Ketcham,  and  Mr.  L.  B. 
Kellogg  was,  on  account  of  the  greatly  increased  numbers, 
appointed  as  an  additional  Teacher.  This  increase  was  very 
marked  in  both  the  Normal  and  Model  Departments. 
9 


130 


NORMAL    UNIVERSITY 
COimSE    OF    STUDY. 


The  course  of  Study  occupies  three  years.  The  arrangement 
of  it  is  indicated  by  the  subjoined  Table,  each  star  denoting  that 
the  study  opposite  to  it  is  pursued  at  the  time  marked  above  it. 


COURSE  OF  STUDY. 

TABULAR  VIEW. 

1st  Tear. 

2d  Year. 

8d  Year. 

1    1    2    1    3 

4    1    5    1    6 

7    i    8    1    9 

Terms. 

d 

■a 
m 

d 
■a 

d 

-a 

d 
•a 

d 

d 
-a 

2 

d 

CO 

d 

15 
51 
13 

I 
II 

III 

IV 

V 

VI 

VII 

o 
•a 

o' 

0 

S. 

Metaphysics  _ 

1          1 

* 

1 

1 

Hist,  and  Methods  of  Educ. 
Constitutions  of  U.S.  and  111. 

School  Laws  of  Illinois 

English  Language 

* 

1    r 

* 

* 

1 

* 

1 

1 

1 

* 

12 
93 

23 
12 

28 

* 

«    1    * 

1 

*      * 

* 

* 

Arithmetic 

*     1    *     1 

xVlgcbra 

1- 

Geometry 

1     1 

* 

* 

1 

Natural  Philosophy 

Book-Keeping 

* 

15 
12 
40 
28 
13 
13 

1- 

Geography 

* 

*    1 

* 

1 

History -. 

1     1 

*  1  * 

Astronomy 

1 

hi 

Chemistry 

1 

* 

Botany 

1     1 

1 

* 

1 

12 

Physiology 

1 

1 

1 

1 

* 

i   1 

12 

28 

80 

Zoology 

1 

* 

Yocal  Music 

«         * 

* 

.|. 

* 

* 

* 

1- 

Writing  and  Drawing. 

Latin  Language. 

* 

*        * 

*      *      * 

•1* 

• 

i*         * 

* 

*  1  * 

* 

Algebra  

1 

* 

15 

Higher  Mathematics 

J25 

1 

1 

* 

# 

NORMAL  T7NIVEKSITY.  131 

The  Divisions  T,  II,  III,  etc.,  in  the  foregoing  Table,  are  made 
with  reference  rather  to  the  studies  in  charge  of  dijQTerent  teachers 
Ihan  to  a  strictly  logical  grouping  of  subjects:  The  annexed  syl- 
labus is  intended  as  a  Key  to  the  table. 

DIVISION  I. 

Metaphysics.  Fourth  Term.  Mental  Philosophy  precedes 
and  is  made  the  basis  of  instruction  in  the  Theory  and  Art  of 
Teaching.  It  comprises :  (1.)  An  explication  of  terms.  (2.)  A 
general  inquii'y  into  the  nature  of  mind:  What  is  it?  What  are 
its  Facts,  LaAvs,  and  Results  ?  The  facts  and  laws  of  Knowledge, 
Feeling,  and  Exertion.  (3.)  A  more  particular  study  of  Conscious- 
ness, Perception,  Memory,  Imagination,  and  the  Reflective  and 
Regulative  Powers.  (4.)  The  Feelings.  Theory  of  Pleasure  and 
Pain. 

Theory  and  Art  of  Teaching.  The  Thirds  Sixth,  Seventh 
and  Ninth  Terms  are  occupied,  in  this  department,  with  the  study 
of  the  Science,  Methods  and  History  of  Education.  The  course 
of  necessity  takes  a  somewhat  wide  range,  so  that  only  a  part  of 
the  topics  can  here  be  enumerated.  (1.)  The  Ordei*,  in  time,  of 
the  Development  of  the  Mental  Faculties,  and  the  exercises  best 
adapted  to  encourage  their  growth.  The  special  purpose  of  each 
faculty,  and  the  means  to  train  it.  Relation  of  the  Mind  to  the 
Body,  and  the  effect  of  the  vigorous  exercise  of  each  upon  the 
other.  Laws  of  Bodily  Health.  Ventilation;  Pasture;  Gym- 
nastics; Formation  of  Courses  of  Study.  (2.)  Motives.  The 
incentives  which  a  teacher  may  allow  to  act  upon  himself  or  his 
pujiils.  The  Conscience — how  it  should  be  educated.  (3.)  The* 
Organization  and  Classification  of  Schools.  Programme  of  Daily 
Exercises.  The  Recitation.  School  Government.  (4.)  History 
of  Systems  and  Methods  of  Education.  Biographies  of  Eminent 
Teachers.  (5.)  Drill  Exercises  in  Teaching.  Observation  and 
Practice  in  the  Model  School.  General  Teaching  Exercises  before 
the  Normal  School. 

Eighth  Term.  The  Constitutions  of  the  United  States  and  of  the 
State  of  Illinois.     Duties  of  Teachers  as  Citizens. 

Nhith  Term..  The  School  Laws  of  Illinois.  School  Supervision 
and  Management.  School-House  Architecture.  Practice  in  the 
Model  School.     General  Exercises  in  the  Normal  School. 


132  NOKMAL  UNIVERSITY. 

DIVISION  n. 

Reading.  First  Term.  Analysis  of  Words  according  to  their 
elementaiy  sounds.  Articulation  and  Pronunciation.  Compass 
and  Flexibility  of  Voice.  Analysis  of  Words  according  to  their 
derivation  and  formation. 

Grammar.  Second  Term.  Etj7nology  during  the  first  half  of 
the  term.  Aim  to  teach  the  office  of  each  part  of  speech  in  the 
construction  of  sentences.  Critical  Parsing.  During  the  last 
half  of  the  terra,  Construct,  Analyze,  and  Parse,  sentences  of 
various  kinds.  Daily  exercise  throughout  the  term  in  the  Correc- 
tion of  False  Syntax. 

Third  Term.  Analysis  and  Construction  of  Sentences  con- 
tinued. Rules  of  Syntax.  Capitalization.  Consideration  of 
Abridged  Propositions  and  Idiomatic  Forms  and  Constructions. 
Daily  exercise  in  the  Correction  of  False  Syntax. 

Rhetoric.  Fourth  Term.  Formation  of  the  English  Language. 
Literary  Taste.  Figurative  Language.  Style  and  its  varieties. 
Punctuation.  Composition,  Analysis  and  Amplification  of  subjects. 

Reading.  Fifth  Term.  Modulation.  Prosody.  Composition 
read  once  a  week  during  the  term. 

Literary  Criticism.  Sixth  Term.  Examine  the  style  of  the 
best  English  Authors  of  difierent  periods.  Study  particularly  the 
style  of  Milton,  Addison,  Goldsmith,  etc.  Blair's  Rhetoric. 
Compositions  dm*ing  the  term. 

Eighth  Term.  History  of  English  Literature.  Rise  and  Devel- 
opment, in  England  and  America,  of  Poetry,  History,  Romance,  the 
Essay,  Oratory,  and  Metaphysics.  Principal  Authors  in  each 
department.  Newspapers,  Reviews,  and  Magazines.  English 
Literature  compared  with  that  of  other  nations.  Orations  and 
Essays  written  weekly,  and  delivered  or  read  in  the  presence  of 
all  the  students. 

division  ni. 

Arithmetic.  First  Term,.  The  Decimal  System:  including 
Decimal  Fractions,  so  called.  Factoring,  and  its  application  to 
Common  Multiples  and  Divisors.  Fractions.  Compound  Numbers. 

Second  Term.  Ratio  and  Proportion.  Percentage,  with  its 
application  to  Loss  and  Gain,  Commission,  Insurance,  etc.  Per- 
centage with  time,  including  Interest,  Discount,  Partnership,  and 
Equation  of  Payments.    Exchange  (Inland  and  Foreign).    Extrac- 


NORMAL  UNIVERSITY.  133 

tion  of  Second  and  Third  Roots  of  Numbers.  Arabic  method  of 
Notation,  using  bases  other  than  10;  applied  particidarly  to 
Duodecimals. 

Algebra.  Third  Term.  Algebraic  Notation.  Factoring, 
with  application  to  Divisors  and  Multiples.  Fractions.  Equations 
of  First  Degree.  Extraction  of  the  Roots  of  Algebraic  quantities. 
Rules  deduced  for  the  extraction  of  the  Roots  of  Numbers. 
Radicals. 

Fourth  Term  (Optional).  Equations  of  Second  Degree.  Ratio 
and  Proportion.  Series ;  including  the  Progressions,  Binomial 
Expansion,  Permutation,  Undetermined  Co-efficients,  Methods  of 
Interpolation,  and  the  method  of  Summing  Special  Forms  ;  Piling 
of  Balls  and  Shells.  Logarithms,  with  methods  of  Computing  the 
Tables.  Exponential  Equations,  with  Position.  Interest  and 
Annuities. 

Geometry.  Fourth  Term.  Straight  Line,  and  Surfaces  bounded 
by  Straight  Lines.  The  Circle.  Extra  Theorems  and  Problems 
given  for  demonstration  and  solution. 

Fifth  Term.  Solids  bounded  by  Planes.  The  Cylinder.  The 
Cone.  Surface  and  Solidity  of  Sphere.  Plane  Trigonometry, 
with  its  application  to  Land  Surveying.  Leveling.  Variation 
of  Magnetic  Needle. 

Eight  and  Ninth  Terms  (Optional).  Equations  of  Point, 
Right  Lines  and  Circle.  Equations  of  Point,  Right  Lines,  and 
Plane,  in  Sphere.  Equations  of  Cylinder  and  Cone.  General 
Equation  of  Conic  Section  referred  to  its  own  Plane.  General 
Equation  of  Second  Degree  between  two  Variables.  Loci.  Sur- 
face of  Revolution.     Diiferential  Calculus.     Integral  Calculus. 

Physics.  Seventh  Term.  Laws  of  Motion  and  Mechanics. 
Hydrostatics  and  Hydraulics.  Pneumatics.  Optics.  Electricity 
and  Magnetism. 

DIVISION  IV. 

Geography.  First  Term.  (1.)  General  Principles  of  Geogra- 
phy; Execution  of  Maps,  and  Outline  of  South  America,  15 
lessons;  Andes  Mountains  and  countries  containing  them,  13 
lessons ;  remaining  countries  of  South  America,  5  lessons ;  Cities 
of  South  America,  5  lessons ;  Review,  5  lessons.  Total  for  South 
America,  43  lessons.  (2.)  Outline  and  Map  of  North  America, 
6  lessons  •  Russian  and  British  America,  5  lessons ;  New  England 


134  NORMAL   TJNIVERSITT. 

and  New  York,  12  lessons.  Astronomical  Geograjjliy.  Latitude 
and  Longitude,  Day  and  Night,  the  Seasons,  etc.,  5  lessons. 
Review,  5  lessons. 

Second  Term.  (1.)  Remaining  States  and  Territories  of  the 
United  States,  22  lessons  ;  Mexico,  Central  America,  etc.,  5  lessons ; 
Review,  3  lessons.  TotalforNorth  America,  52  lessons.  (2.)  Out- 
line and  Map  of  Em-ope,  5  lessons ;  Mountains  and  Rivers  of  the 
Continent,  5  lessons ;  Rapid  glance  at  the  countries  of  the  Con- 
tinent, 10  lessons;  More  thorough  study  of  Britain  as  a  model,  10 
lessons  ;  Review,  5  lessons.     Total  for  Eiirope,  35  lessons. 

Sixth  Term.  (1.)  Outline  and  Map  of  Asia,  6  lessons;  Moun- 
tains and  Rivers  of  Asia,  5  lessons ;  Countries  and  Cities,  10 
lessons;  Total  for  Asia,  20  lessons.  (2.)  Physical  Geography. 
Review  of  the  Earth's  Forms,  with  a  sketch  of  the  Theory  of  its 
Origin,  10  lessons;  Physical  Life  of  the  Earth,  Temperatm-e, 
Atmospheric  and  Marine  Currents ;  Rains,  and  the  Efiects  of 
Climatic  Conditions  on  Vegetable  and  Animal  Life,  12  lessons. 
Historical  View  of  the  Earth :  the  Relations  of  its  Forms  and 
Physical  Life  to  the  Development  of  the  Human  Race,  8  lessons; 
Review,  10  lessons.     Total  for  Physical  Geography,  40  lessons. 

United  States  History.  Fo^irth  Term.  Voyages,  Discov- 
eries, and  Lidian  Tribes,  10  lessons  ;  Colonial  History,  15  lessons; 
French  War  and  Revolution,  20  lessons ;  Subsequent  History, 
with  a  special  study  of  Illinois,  15  lessons ;  Review,  15  lessons. 
Text-Book— Willson. 

Ancient  History.  Fifth  Term.  One  Term  (13  weeks)  65 
Lessons.  Early  Asiatic  Nations,  8  lessons  ;  Grecian  History,  12 
lessons  ;  Roman  History,  15  lessons  ;  Most  Prominent  Events  of 
the  Middle  Ages,  10  lessons ;  Britons,  5  lessons;  Review,  15  les- 
sons.    Text-Book — Weber. 

Astronomy.  Eighth  Term.  Definitions,  with  Oral  Lessons 
and  Exercises,  5  lessons ;  Constellations,  with  Maps  of  the  Heavens, 
15  lessons ;  Refraction,  Parallax,  Time,  the  Seasons,  Motions, 
Distances  and  Orbits  of  Planets,  15  lessons;  General  Description 
of  the  Solar  System,  15  lessons  ;  Eclipses  and  Tides,  5  lessons ; 
Review,  10  lessons.  Total,  65  lessons.  Text-Books— Robinson's 
and  Burritt's. 

DIVISION  T. 

Chemistry.  Fifth  Term.  Names  and  Properties  of  Elements ; 
Symbols ;  Formulse ;  Chemical  Affinity,  etc.     Laws  of  Definite 


NORMAL   UNIVERSITY.  135 

Proportions.  Behavior  of  Chemical  Bodies  toward  each  other. 
Changes  of  Form,  Color,  Properties.  Air,  Water,  Light, — their 
relations  to  organic  life.  Organic  Chemistry.  Food  of  Plants. 
OutUne  of  Chemical  Analysis,  qualitative  and  quantitative.  Philos- 
ophy of  Chemistry. 

Botany.  Sixth  Term.  Structure  of  Plants,  Mode  of  Growth, 
etc.  Their  relations  to  each  other.  Classification.  Systems  of 
Analysis,  Natural  and  Linneseau.  Written  Analysis  of  at  least 
seventy-five  species  of  native  plants  by  the  Natural  system. 

Anatomy  and  Physiology. — Seventh  Term.  General  View  of 
the  Structure  and  Functions  of  the  Human  Body.  Food  and  the 
Digestive  Process.  The  Blood :  its  Chemical  Composition  and 
Vital  Properties.  Respiration  and  Nutrition.  The  Nervous  Sys- 
tem.    The  Laws  of  Hygiene. 

Zoology.  Ninth  Term.  The  Sphere  and  Fundamental  Prin- 
ciples of  Zoology.  General  Properties  of  Organized  Bodies. 
I'unctions  and  Organs  of  Animal  Life.  Intelligence  and  Instinct. 
Metamorphoses  of  Animals.  Geographical  Distribution  of  Animals. 

Exercises  in  Drawing,  Music  and  Penmanship,  are  a  regular 
part  of  the  work  of  every  student.  Music  and  Penmanship  follow 
each  other  on  alternate  days.  Drawing  is  attended  to  dm-ing  the 
last  term  of  each  year,  but  practice  in  this  art  extends  more  or 
less  through  the  entu-e  year.  Map-drawing  is  a  constant  element 
in  the  course  in  Geography. 

There  is  a  vigorous  daily  exercise  in  Free  Gymnastics,  accom- 
panied by  Music.  Its  efiect  upon  the  students,  in  promoting  phys- 
ical health,  clearness  and  vigor  of  mind,  grace  and  precision  of 
movement,  is  perceptible  to  every  observer.  In  this  the  whole 
school  engage  at  the  same  time.  A  part  of  each  day  is  devoted 
to  general  exercises  in  Elocution,  Mental  Arithmetic,  Etymology 
of  Enghsh  words,  or  some  other  useful  and  interesting  topic. 

TEXT   BOOKS  AND    REFERENCE    LIBRARY. 

Books  for  the  use  of  students,  in  preparing  their  lessons,  are 
loaned  by  the  University,  with  the  only  important  excej^tion  of 
the  Geographical  Gazetteer.  This  is  so  bulky,  and  so  easily 
injured  that  it  has  been  found  impossible,  without  an  unreasonable 
outlay  of  money,  to  furnish  it  for  all  the  students.  It  is  also  a 
book  of  such  permanent  value,  that  the  purchase  of  it,  when  pos- 
sible, is  the  highest  economy. 


186  NOEMAI.  IJNIVEESITT. 

There  is  a  very  select  Reference  Library  of  some  700  volumes 
of  standard  -works.  No  part  of  the  school  furnishings  is  more 
important  or  more  useful  than  this.  The  books  are  in  continual 
use.  And  the  j^ractice  of  judiciously  consulting  a  good  reference 
Library  is  regarded  as  highly  useful  in  forming  good  mental  habits. 
Many  a  student  has  mastered  the  principles  and  facts  of  his  text- 
books, without  having  acquired  the  power  to  consider  a  topic 
independently,  and  to  assimilate  and  combine  what  there  is  bear- 
ing upon  it,  in  a  number  of  books,  written  by  different  authors 
and  from  different  stand-points.  This  power  to  digest  material 
from  different  sources  is  of  course  essential  to  the  scholar,  and  is 
greatly  enhanced  by  the  habit  of  consisting  a  reference  library  of 
standard  books. 

THE    METHOD    OF   MARKING. 

Some  plan  should,  obviously,  be  devised  for  noting  the  progress 
of  students  in  scholarship,  and  an  accurate  record  of  attendance 
and  deportment  has  been  found  to  be  a  promoter  of  promptness 
and  well-doing.  The  scale  of  marking  in  the  University  stretches 
from  0  to  10,  the  latter  being  the  most  creditable.  This  latter 
number  is  seldom  used  to  indicate  scholarship,  being  given  only 
when  some  difficult  subject  has  been  mastered,  some  original 
thought  expressed,  or  some  valuable  matter  from  an  unexpected 
source,  brought  in.  A  9  indicates  an  excellent  recitation  with 
nothing  original  or  particularly  striking  about  it.  8  is  given  for  a 
fair  average  lesson,  and  is  the  more  common  mark,  and  so  down 
the  scale  to  0,  which  explains  itself. 

At  the  end  of  each  school  month,  the  sum  of  the  marks  received 
is  divided  by  the  number  of  recitations  made  during  the  month, 
and  the  quotient  is  taken  for  the  average  scholarship  for  that 
month.  At  the  end  of  the  term,  these  monthly  averages,  with 
the  number  obtained  from  the  written  examination,  are  again 
averaged,  and  the  number  thus  obtained  entered  on  the  permanent 
record  book,  as  the  average  in  that  study  for  the  term.  If  the 
student  be  absent  from  any  recitation,  the  mark  against  him  is 
the  same  as  though  he  were  present,  and  had  made  an  entire 
failure ;  which  mark,  however,  is  to  be  changed  when  he  shall 
prepare  and  recite  to  the  Teacher,  out  of  school  hours,  the  lesson 
of  the  class  for  that  day.  The  numbers  entered  on  the  record 
book  for  the  different  studies  pursued  during  the  term,  are  summed 


NORMAL  UNIVERSITY.  137 

and  divided  by  the  number  of  studies,  thus  giving  the  scholarship 
for  the  term. 

10  marks  a  perfect  attendance;  and  in  case  of  absence,  such 
fractional  part  of  10  is  deducted,  as  the  time  absent  is  of  the 
length  of  the  term.  Each  tardiness  is  counted  equal  to  one  half- 
day's  absence.  Every  absence  or  tardiness  unexcused  by  the 
Principal,  causes  a  deduction  from  the  credits  for  deportment^  the 
former  of  -^^  and  the  latter  of  y^^  of  the  amount  for  the  term. 

The  deportment  is  marked  10  if  no  marks  for  misdemeanor  or 
irregularity  are  entered  against  the  student  during  the  term;  a 
misdemeanor  mark,  given  for  an  offence  comparatively  serious, 
takes  away  ^^  of  the  term's  credits,  and  an  irregularity,  given  for 
slight  acts  of  carelessness,  or  the  like,  takes  away  y^^  of  the 
same.  Twenty  recorded  misdemeanors,  or  one  hundred  irreg- 
ularities, would  bring  the  deportment  average  to  0,  effectually 
excluding  the  student  from  the  Institution. 

The  rules  of  the  University  are  few  and  simple.  Among  them 
is  one  requiring  every  student  to  be  in  his  room  after  a  given 
hour,  7  p.  m.  in  winter  and  8  in  summer,  each  evening.  One 
evening  each  week  is  allowed  for  attending  the  Society  meetings, 
and  such  as  desire  to  attend  church  on  Sunday  evenings  are  per- 
mitted to  do  so. 

No  student  is  advanced  with  his  class  unless  he  has  made  at 
least  the  requisite  minimum  average,  about  7,  in  each  of  his 
studies.  No  amount  of  residence  secures  one  step  of  advance- 
ment. Every  student  after  a  temporary  absence  has  his  place  in 
the  school  determined  strictly  according  to  his  previous  record, 
which  is  carefully  examined  for  that  purpose.  Much  of  the  suc- 
cess of  the  University  is  due  to  the  care  with  which  this  regula- 
tion is  insisted  upon  and  applied. 

LITERARY   SOCIETIES. 

There  are  connected  with  the  Institution  two  Literary  Societies, 
the  Philadelphian  and  Wrightonian.  The  members  of  the  school 
are  drawn  into  these  societies  by  a  fixed  rule.  Each  Society  has 
a  valuable  library  of  near  1000  volumes.  They  occupy  commodious 
rooms,  elegantly  fitted  up  in  the  west  end  of  the  third  story  of 
the  University  building.  They  are  both  in  a  state  of  high  effi- 
ciency, and  their  influence  is  most  excellent  upon  the  character 
of  the  students.    Members  of  the  Model  School,  males  at  the  age 


138  SrOEMAL   UNIVERSITY. 

of  17,  and  females  at  the  age  of  16,  are  admitted  to  full  member- 
ship and  are  regularly  drawn. 

NATUBAIi   HISTORY   SOCIETY. 

The  Illinois  Natural  History  Society  occupies  a  fine  hall  at  the 
east  end  of  the  third  story,  with  its  excellent  Museum,  of  which 
the  Teachers  and  pupils  of  the  University  have  the  unrestricted 
use  for  purposes  of  illustration  and  instruction. 

SUNDRY  FACTS. 

There  are  three  ways  of  boarding  adopted  by  different 
students  : 

First,  in  families  or  boarding-houses  at  $3  per  week,  exclusive 
of  washing. 

Second,  in  clubs,  where  the  students  unite  in  the  purchase  of 
supplies,  in  hiring  rooms  for  cooking  and  eating,  and  in  employ- 
ing persons  to  do  the  work.  By  this  arrangement  all  expenses 
are  reduced  to  about  $2  per  week. 

Thirdly,  some  students  board  themselves  in  their  own  rooms, 
at  an  expense  considerably  below  that  incurred  by  either  of  the 
other  methods. 

Rooms  are  readily  procured  for  any  of  the  above  purposes. 

Candidates  for  admission  into  the  University  are  required 

(1.)  To  be,  if  males,  not  less  than  17  years  of  age,  and  if 
females,  not  less  than  16. 

(2.)  To  pass  a  satisfactory  examination,  before  the  proper 
officers,  (or,  if  admitted  at  large,  before  the  Principal,)  in  Read- 
ing, Writing,  Spelling,  Arithmetic,  Geography,  and  the  Elements 
of  English  Grammar. 

(3.)  To  produce  a  certificate  of  good  moral  character,  signed 
by  some  responsible  person. 

(4.)  To  sign  a  declaration  of  their  intention  to  devote  them- 
selves to  school  teaching  in  this  State,  in  form  as  follows : 

"  I  hereby  declare  my  intention  to  become  a  Teacher  in  the 
schools  of  this  State ;  and  agree  that  for  three  years  after  leaving 
the  University,  I  will  report  in  writing  to  the  Prmcipal  thereof, 
in  June  and  December  of  each  year,  where  I  have  been,  and  La 
what  employed." 


NOEMAL  UNIVERSITY.  189 

(5.)  To  agree  to  remain  in  the  scliool  at  least  one  year,  con- 
secutively. 

The  Board  of  Education  hold  two  meetings  in  each  year,  one 
in  December,  and  one  in  June. 

NUMBER   OF   STUDENTS   AND   GRADUATES. 

There  have  been  received  at  different  times  the  following 
numbers  : 


Males. 

Females. 

Total. 

!las! 

3  entering 

in  the  Autumn  of 

1857 

15 

25 

40 

u 

during  succeeding  Winter  and  Spring 

24 

24 

48 

« 

entering 

in  Autumn  of 

1858 

13 

26 

39 

« 

« 

Winter  of 

1858-9 

6 

11 

17 

« 

(C 

Spring  of 

1859 

9 

7 

16 

(( 

<( 

Autumn  of 

1859 

16 

15 

30 

(C 

« 

Winter  of 

1859-60 

8 

7 

15 

« 

C( 

Spring  of 

1860 

8 

7 

15 

((  - 

(( 

Autumn  of 

1860 

25 

29 

54 

<( 

« 

Winter  of 

1860-1 

10 

11 

21 

« 

(( 

Spring  of 

1861 

17 

9 

26 

C( 

C( 

Autumn  of 

1861 

23 

27 

50 

(C 

(( 

Winter  of 

1861-2 

11 

2 

13 

(C 

« 

Spring  of 

1862 

20 

9 

29 

(C 

« 

Autumn  of 

1862 

29 

65 

94 

it 

C( 

Winter  of 

1862-3  ' 

8 

24 

32 

tt 

<c 

Spring  of 

1863 

15 

12 

27 

(C 

(C 

Autumn  of 

1863 

35 

105 

140 

« 

tt 

Winter  of 

1863-4 

9 

15 

24 

Total  rec'd  since  organization  of  University,  295      434      729 

It  will  be  noticed  that  there  has  been  a  more  or  less  constant 
increase  in  the  number  admitted  in  the  successive  Autumn 
classes,  which  are  the  guiding  classes  of  the  school.  The  recent 
ones,  it  will  be  seen,  are  far  more  numerous  than  those  of  earlier 
years. 

The  names  and  number  of  the  graduates  are  as  follows : 
Class  of  1860. — Enoch  A.  Gastman,  Jr.,  of  McLean  County; 


140  KOEMAL  UNIVERSITY. 

Peter  Harper,  of  Peoria  Co. ;  Silas  Hayes,  Jr.,  of  McLean 
Co.;  Joseph  G.  Howell,  of  White  Co. ;  John  Hull,  of  Marion 
Co. ;  Edwin  Philbrook,  of  Fayette  Co. ;  Sarah  M.  Dunn,  of 
McLean  Co. ;  Elizabeth  J.  Mitchell,  of  McLean  Co, ;  Frances 
A.  Peterson,  of  Lee  Co. ;  Mary  F.  Washburn,  of  McLean 
County — 10. 

Class  of  1861. — Sophia  J.  Crist, of  McLean  County;  Amando 
O.  Noyes,  of  Pike  Co. ;  John  H.  Burnhara,  of  Cook  Co. ;  James 
H.  Dutton,  of  Woodford  Co. ;  E.  Aaron  Gove,  of  LaSalle  Co. ; 
Moses  J.  Morgan,  of  DuPage  Co. ;  Henry  B.  Norton,  of  Ogle 
Co.;  Peleg  R.  Walker,  of  Ogle  Co.— 8. 

Class  op  1862. — Sarah  E. Beers,  of  Champaign  County;  Eliz- 
abeth Carleton,  of  Pike  Co. ;  Helen  F.  M.  Grennell,  of  McLean 
Co. ;  Esther  M.  Sprague,  of  Will  Co. ;  Emma  M.  Trimbe,  of 
Tazewell  Co. ;  Lorenzo  D.  Bovee,  of  Will  Co. ;  James  F.  Ridlon, 
of  Warren  Co. ;  Logan  H.  Roots,  of  Perry  Co. — 8. 

Class  of  1863. — Mary  Augusta  Fuller,  of  Tazewell  County; 
Sarah  Jane  Frances  Gove,  of  LaSalle  Co. ;  Abbie  Ripley  Rey- 
nolds, of  Pike  Co. ;  Sarah  Ann  Stevenson,  of  Ogle  Co. ;  William 
Dennis  Hall,  of  LaSalle  Co. ;  Ebenezer  Delon  Harris,  of  Warren 
Co. ;  John  Henry  Thompson,  of  McLean  Co. — 7. 

Total  of  Graduates,  33. 


The  number  of  graduates  is  small  compared  with  the  whole 
number  who  have  entered.  For  this  there  are  many  reasons. 
1st.  Very  many  successful  students,  although  remaining  sufficiently 
long  to  derive  much  benefit  from  the  school,  yet  are  so  cir- 
cumstanced, pecuniarily  and  otherwise,  as  to  be  unable  to  take 
the  whole  course  of  three  years.  2nd.  Our  advanced  classes 
have  been  so  thinned  out  by  the  war  as  to  be  left  small. 
3rd.  The  recent  large  classes  are  yet  in  the  lower  grades  of 
the  school.  The  next  graduating  class,  it  is  hoped,  will  far 
exceed  any  previous  one.  Every  graduate  not  in  the  army  has 
been  teaching  or  superintending  schools  during  the  present  year 
thus  far. 


NORMAL  UNIVEKSITY.  141 

^  PRESENT   CONDITION    AND    PROSPECTS. 

The  Board  of  Education  is  at  present  composed  as  follows : 

Hon.  S.  W.  MouLTON,  Shelbyville,  President. 

Hon.  J.  P.  Brooks,  Springfield,  Secretary. 

Perkins  Bass,  Esq.,  Chicago. 

Hon.  Newton  Bateman,  Springfield. 

Walter  M.  Hatch,  Esq.,  Bloomington. 

Hon.  "Wm.  H.  Powell,  Joliet 

Geo.  p.  Rex,  M.  D.,  Perry. 

J.  W.  ScHWEPPE,  Esq.,  Alton. 

Henry  Wing,  M.  D.,  Chicago. 

William  H.  Wells,  Esq.,  Chicago. 

Simeon  Wright,  Esq.,  Kinmundy. 

Hon.  Thomas  J.  Pickett,  Moline. 

Joseph  Medill,  Esq.,  Chicago. 

Hon.  William  H.  Green,  Metropolis. 

Calvin  Goudy,  M.  D.,  Taylorville. 

The  present  Faculty  consists  of 

Richard  Edwards,  Principal,  Instructor  in  Mental  Science  and 
Didactics. 

Eddwin  C.  Hewett,  Instructor  in  Geography  and  History. 

Joseph  A.  Sewall,  Instructor  in  Natural  Sciences. 

Thomas  Metcalf,  Instructor  in  Mathematics. 

Albert  Stetson,  Instructor  in  Language. 

Margaret  E.  Osband,  Instructress  in  Grammar  and  Drawing. 

William  L.  Pillsbury,  Principal  Model  School. 

Marion  Hammond,  Teacher  of  Primary  Department  of  Model 
School. 

Lyman  B.  Kellogg,  Teacher  Intermediate  Department  Model 
School. 


142 


NORMAL  UNIVERSITY. 


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NORMAL  UNIVERSITY.  143 

Of  course  the  foregoing  programme  presents  only  a  part  of  the 
whole  course  of  study. 

The  Model  School  is  an  important  adjunct  of  the  University. 
About  thirty  of  the  Normal  students  are  continually  employed  in 
it.  Each  is  made  responsible  for  the  teaching  of  one  class  in  one 
subject  through  the  term.  Their  work  is  tested  from  day  to  day 
in  a  variety  of  ways.  A  weekly  examination  is  held,  at  which 
some  of  these  Teachers  with  their  classes  appear  before  the  faculty 
and  the  pupils  of  the  Normal  School,  conduct  an  exercise,  and 
have  their  work  thoroughly  sifted  and  criticised.  For  the  details 
of  this  process,  we  respectfully  refer  to  the  Reports  of  the  Prin- 
cij^al,  made  at  sundry  times.  The  Model  School  is  unquestionably 
successful  in  imjjarting  to  our  students  the  ability  to  teach  and 
govern.  But  we  believe,  and  are  borne  out  in  our  belief  by  the 
report  of  a  committee  of  gentlemen  who  made  a  special  investiga- 
tion into  this  matter,  that  the  instruction  imparted  is  thorough, 
philosophical  and  successful. 

This  school  includes  all  the  grades  of  instruction  from  the 
lowest  primary,  to  the  most  thorough  preparations  for  eastern 
colleges.  Great  pains  have  been  taken  by  the  Board  to  secure 
for  it  the  services  of  the  best  Teachers,  and  we  believe  it  is  doing 
its  work  satisfactorily  to  all  concerned.  Persons  of  any  age  or 
from  any  locality  may  be  admitted  into  it.  Great  cxu'e  is  bestowed 
upon  the  deportment  of  the  pupils.  Nothing  short  of  the  liighest 
results  in  this  respect  are  tolerated.  No  student  falling  in  any 
noticeable  degree  below  the  most  perfect  good  behavior  is  allowed 
to  remain  in  the  school.     The  Tuition  Fees  are, 

For  the  High  School,  $30  per  year  of  40  weeks. 
«     "     Grammar  "   $25    "      "  "       " 

«     "     Primary     "   $20    "      "  "       " 

And  for  shorter  periods,  in  proportion. 

The  prospects  of  the  University  are  encouraging.  For  the 
present  year  thus  far  it  numbers  324  in  the  Normal  department, 
and  242  in  the  Model,  in  all  566.  This  is  a  large  gain.  For  the 
whole  of  the  last  year  the  total  was  431.  For  the  preceding  year 
285.  And  for  the  future  we  have  indications  of  a  still  greater 
increase.  The  counties  hitherto  negligent  of  their  right  of  repre- 
sentation are  coming  in  one  after  another,  and  the  time,  we  sin- 
cerely trust  is  not  remote,  when  every  county  shall  be  fully  repre- 
eeuted. 


ELECTIONS.  145 


PART   11. 


DECISIONS  OF  THE  STATE  DEPARTMENT,  AND  OF 
THE  SUPREME  COURT. 

ELECTIONS. 

Much  of  the  correspondence  of  the  State  Department  has  refer- 
ence to  the  subject  of  Elections,  and  parties  are  continually  apply- 
ing to  the  State  Superintendent  for  information  concerning  the 
rules,  modes  of  procedure,  &c.,  in  Township  and  District  elections. 
Section  27  of  the  School  Law  says:  "The  manner  of  opening,  con- 
ducting and  closing  said  election  [for  Trustees,]  and  the  several 
liabilities  appertaining  to  the  judges  and  clerks,  and  to  the  voters 
separately  and  collectively,  and  the  manner  of  contesting  said 
elections,  shall  be  the  same  as  prescribed  by  the  general  election 
laws  of  this  State."  This  provision  of  the  Law,  it  is  held,  applies 
to  all  school  elections,  held  in  any  of  the  toicnships  or  districts  of 
the  State.  While  the  Department  is  always  willing  to  communi- 
cate any  information  asked  for  in  the  premises,  it  is  proper  to 
state  that  questions  relating  to  the  rules  and  modes  to  be  observed 
in  conducting  school  elections,  cannot  be  answered  officially  by 
the  Department,  as  they  do  not  come  within  the  sphere  of  its 
official  duty  or  authority.  "  This  office  has  no  power  to  decide 
such  points — they  do  not  belong  to  the  School  Law  at  all,  but  to 
the  general  election  laws  of  the  State,  and  should  be  referred  to 
the  lawyers  and  the  courts." 

Notices  for  Elections. — Notices  of  elections  to  be  held  in  any 

school  township  or  district  of  this  State  should  be  issued  and 

posted  up  at  least  ten  days  previous  to  the  time  fixed  or  appointed 

for  such  elections.     Notices  of  the  first  election  in  a  township 

10 


146  ELECTION. 

shall  be  given  by  the  county  clerk;  subsequently  by  the  Trus- 
tees. Notices  of  the  first  election  in  a  district  shall  be  issued 
by  the  township  Treasurer ;  afterward  by  the  Directors.  Notices 
for  an  election  should  state  the  day  on  which  the  election  is  to 
be  held,  the  place  of  voting,  the  hours  of  opening  and  closing 
the  polls,  and  the  question  or  questions  to  be  voted  on.  It  is  not 
necessary  that  the  polls  at  a  school  election  be  kept  open  all  day; 
but  sufficient  time  must  be  given  for  all  to  vote,  and  the  notices 
must  expressly  state  the  hours  of  voting. 

A  school  election  may  be  held  in  the  afternoon  or  evening ;  but 
the  notice  of  election,  in  such  event,  must  state  the  time  of  open- 
ing and  closing  the  polls,  and  ample  time  must  be  given  for  all  to 
vote. — Poicell. 

The  time  for  opening  and  closing  the  polls  is  left  to  the  discre- 
tion of  the  Directors ;  but  the  length  of  time  the  polls  are  to  be 
open  must  be  distinctly  stated  in  the  notices,  and  the  time  so 
specified  must  be  sti'ictly  adhered  to  by  the  judges,  the  same 
being  neither  increased  nor  diminished.  The  time  chosen  for 
the  election  should  be  the  most  favorable  for  a  general  attendance 
of  the  voters,  and  the  polls  should  in  all  cases  be  kept  open  long 
enough  for  all  to  vote. — Bateman. 

It  is  held  that  a  failure  or  omission  to  issue  notices  for  a  school 
election  docs  not  deprive  the  people  of  the  right  to  hold  such  an 
election  on  a  day  fixed  by  laio,  but  that  an  election  held  on  a  day 
prescribed  by  the  statute  is  valid,  notwithstanding  no  notices  have 
been  issued.  The  Law  invests  the  people  with  the  right  to  hold 
elections  at  certain  times,  and  that  right  cannot  be  impaired  or 
vitiated  by  any  clerical  negligence. 

Omission  to  give  the  notice  of  elections  to  be  held  on  a  day 
fixed  by  law  will  not  make  the  election  void. — Edwards. 

A  township  or  district  election,  held  on  the  day  fixed  by  the 
statute,  if  conducted  according  to  law  in  all  respects,  would  be 
valid,  even  though  no  notices  were  issued.  The  Laic  fixes  the 
time  of  holding  the  election,  and  the  requh-ement  of  notices  must 
be  considered  as  only  directory. — Powell. 

Judges  op  Election. — At  the  first  election  of  Trustees  held  in 
a  township,  the  voters  present  may  select  three  of  their  number 
to  preside  over  the  election,  two  of  whom  shall  act  as  judges  and 
one  as  clerk.     At  the  first  election  for  Directors  in  a  school  dis- 


ELECTIOK.  147 

trict,  the  officers  of  election  shall  be  chosen  in  the  same  way. 
Subsequently,  the  Trustees  shall  act  as  judges  of  all  township 
school  elections,  and  the  Directors  shall  act  as  judges  at  all  dis- 
trict elections.  But  if  the  Trustees  or  Directors  in  either  case 
absent  themselves  from  the  election,  or  refuse  to  act,  then  judges 
may  be  chosen  as  at  the  first  election. 

Judges  of  school  elections  may  or  may  not  be  sworn.  It  is  not 
deemed  essential  to  the  validity  of  the  election  that  those  officers 
be  sworn. 

Omission  to  swear  the  judges  of  an  election  will  not  make  the 
election  illegal. — Edwards. 

The  law  does  not  require  to  have  the  jiidges  of  a  school  election 
sworn. — Powell. 

When  there  is  a  tie  between  the  judges  on  the  question  of 
receiving  or  rejecting  a  ballot,  the  presumption  of  the  Law  is  in 
favor  of  the  voter — the  ballot  should  be  admitted. 

If  a  ballot  is  not  decisively  rejected  by  the  judges,  I  am  clearly 
of  opinion  that  the  presumption  of  the  Law  would  be  in  favor  of 
the  voter's  right  to  cast  his  ballot.  Every  ballot  must  be  either 
received  or  rejected.  In  doubtful  cases  the  voter  may  be  sworn. 
If  the  judges  are  still  not  agreed,  and  a  tie  ensues,  owing  to  the 
peculiar  construction  of  the  board  of  judges,  the  presumption,  I 
am  satisfied,  is  in  favor  of  the  voter,  and  the  ballot  should  be 
received.  All  laws  restrictive  of  the  rights  of  citizens  should  be 
liberally  construed  in  their  favoi*. — Bateman. 

Judges  will  not  admit  any  one  to  vote  at  a  school  election,  who 
is  not  a  resident  of  the  township  or  district  in  which  the  election 
is  held,  and  who  is  not  a  qualified  voter  under  the  general  election 
laws  of  this  State. 

Persons  qualified  to  vote  under  the  general  election  laws  of  this 
State,  and  no  others,  are  entitled  to  vote,  sign  petitions,  &c.,  in 
school  districts. — Bateman. 

There  must  be  a  bona  fide  residence  in  the  school  district  of 
"  at  least  thirty  days,"  to  confer  the  right  to  vote  therein. — 
Batem,an. 

The  judges  of  election  cannot  decide  a  tie  vote  by  lot.  It  is 
held  in  such  cases  that  the  question  voted  on  is  lost^  for  want  of  a 
majority. 

If  there  is  a  <{e,  the  proposition  fails,  andthei-e  must  be  another 
vote.     For,  in  the  case  of  a  tie,  the  votes  for  and  against  a  given 


148  ELECTIOX. 

proposition  are  equal,  whereas,  the  Law  requires  a  majority.  The 
judges  cannot,  in  such  cases,  decide  it  by  lot. — Bateman. 

But  a  majority  vote  is  not  required  in  the  election  of  Trustees 
or  Directors.  Such  a  vote  is  required  in  all  other  school  elections. 
Any  candidate  or  candidates  obtaining  a  plurality  of  votes,  at  an 
election  held  for  Trustees  or  Directors,  shall  be  declared  elected 
by  the  judges. 

A  plurality  vote  elects  in  the  case  of  directors ;  in  all  other  dis- 
trict elections  a  majoi'ity  vote  is  necessary. — Bateman. 

The  poll-book  of  a  township  election  must  be  certified  by  the 
judges,  and  returned  to  the  School  Commissioner,  who  shall  file 
the  same  as  evidence  of  the  election.  The  poll-book  of  a  district 
election  must  be  in  like  manner  certified  by  the  judges,  and 
returned  to  the  township  iVeasurer.  The  poll-book,  on  file  in  the 
Treasurer's  oflSce,  is  the  only  legal  evidence  of  a  district  election. 

The  poll-book  with  the  certificate  of  the  judges,  on  file  in  the 
ofiice  of  the  township  Treasurer,  is  the  only  legal  evidence  of  such 
[district]  election. — Bateman. 

The  poll-book  and  certificate  should  be  returned  to  the  township 
Treasurer  as  soon  as  practicable  after  every  [district]  election, 
that  the  proper  evidence  thereof  may  be  on  file  for  the  information 
of  all  concerned.  Until  this  is  done  there  is  no  legal  evidence  of 
said  election. — Bateman. 

Adjoukn:mext  of  Election'.— School  elections  maybe  adjourned 
or  postponed  for  two  causes:  1.  On  account  of  the  small  attend- 
ance of  voters  ;  2.  When  the  legal  notices  have  not  been  given. 
A\^hen  so  adjourned  or  postponed,  the  election  should  be  held  on 
the  Monday  next  following.  The  act  of  adjournment  or  postpone- 
ment is  to  be  passed  by  the  judges  of  election,  and  not  by  the 
people. 

Many  causes,  of  which  indifference  is  the  chief,  often  produce 
such  a  meager  attendance  at  these  important  elections,  that  the 
public  good  manifestly  requires  an  adjournment.  In  such  cases,  the 
Directors  or  judges,  or  a  majority  of  the  voters  present,  may 
decide  to  adjourn  the  meeting  until  the  next  Monday,  at  the  same 
place  and  hour. — Bateman. 

In  order  to  a  le^al  adjournment  of  an  election,  it  is  necessary: 
1.  That  the  adjournment  be  ordered  by  the  Judges  alone  /  2.  That 
said  judges  before  ailjourniug  the  election,  organize  themselves 


ELECTION.  149 

into  a  board  of  election ;  3.  That  a  notice  of  the  adjournment  be 
be  written  and  posted  up  at  the  place  appointed  to  hold  the 
election. 

These  points  have  been  establishedby  a  decision  of  the  Supreme 
Court.  I  give  below  a  statement  of  the  facts,  together  with  the 
decision  of  the  Court,  in  an  abridged  form : 

The  People,  on  the  relation  of  Joseph  N".  Kies,  et  at,  appel- 
lants, vs.  RicHAKD  Brewer,  appellee. — Appeal  from  Bureau. 

The  defendant  in  this  case,  Brewer,  was  elected  School  Trustee 
for  Selby  township,  in  Bureau  county,  on  the  9th  of  November, 
1857,  and  was  afterwards  duly  qualified,  by  taking  the  oath  of 
office. 

On  the  day  when  the  same  defendant  claimed  to  have  been 
elected,  a  number  of  voters  of  aforesaid  township  met  at  the 
proper  place  for  holding  the  election,  and  having  waited  until 
after  2  o'clock  in  the  afternoon,  and  there  being  only  six  voters 
present,  it  was  agreed  to  postpone  the  election  iintil  the  next 
Monday,  and  the  voters  present  dispersed.  The  motion  to 
postpone  the  election  was  agreed  to  without  any  i^revious  organ- 
ization of  a  hoard  of  election.  No  notice  of  said  postpone- 
ment was  posted  on  the  door  of  the  school  house,  [the  place 
of  voting,]  nor  were  the  proceedings  of  said  voters  reduced 
to  writing.  About  an  hour  after  said  postponement,  a  num- 
ber of  voters  assembled,  and  being  verbally  informed  of  the 
postponement,  but  claiming  that  said  postponement  was  illegal, 
organized  a  board  of  election,  and  held  an  election,  at  which 
twenty-four  votes  were  polled,  of  which  defendant  received 
twenty-two.  The  poll-book  of  the  election,  duly  certified,  was 
returned  to  the  School  Commissioner  of  Bureau  County.  An 
election  was  subsequently  held  at  the  time  and  place  fixed  by  the 
postponement,  and  three  persons  were  elected  Trustees  of  said 
Selby  township,  receiving  each  thirty-two  votes.  The  poll-book 
of  this  last  election  was  also  returned  to  the  School  Commissioner 
of  Bureau  County,  and  the  said  three  individuals  last  elected 
were  duly  qualified  and  sworn.  A  process  of  guo  toarratito  was 
instituted  in  the  Circuit  of  Bureau  County  against  defendant,  for 
*'  usurping,  intruding  into,  and  unlawfully  holding  and  executing 
the  office  of  Trustee,"  in  said  Selby  township.  The  jury  found 
for  the  defendant,  and  the  Court  rendered  judgment  agiinst  the 
relators  for  costs.     The  ease  was  appealed  to  the  Supreme' Court, 


150  ELECTIONS. 

and  came  to  a  hearing  at  the  April  term,  1858.  The  opinion  of 
the  Court  was  rendered  by  Judge  Breese,  and  is  as  follows : 

"  This  was  an  information  in  the  nature  of  a  quo  xcarranto  against 
Brewer,  to  show  cause  why  he  had  presumed  to  exercise  the 
office  of  school  Trustee  for  township  sixteen  north  of  range  ten  east 
of  the  fourth  principal  meridian.  The  defendant  justified  under 
an  election,  and  in  his  plea  alleged  that  he  was  legally  elected 
to  that  office  on  9th  of  November,  1857,  and  had  been  legally 
qualified.  Issue  was  taken  on  this  fact,  and  the  cause  tried  by 
a  jury. 

"  To  sustain  the  issue  on  his  jjart,  the  poll-book  of  the  election 
under  which  the  defendant  claimed,  was  oflTered  in  evidence, 
which  showed  the  returns  of  an  election  for  Trustees  of  schools 
of  the  town  of  Selby.  On  objection  made  by  relators,  the  defend- 
ant proved  that  the  town  of  Selby,  and  township  sixteen 
north,  range  ten  east,  were  the  same  territory,  and  that  the 
township  was  called  the  town  of  Selby.  The  poll-book  was 
admitted.  We  think  it  was  properly  admitted,  the  former 
Trustees  havmg  required  it,  and  there  being  nothing  in  the  law 
to  prohibit  it. 

"  The  postponement  of  the  election  at  the  first  meeting  of  the 
inhabitants,  to  the  next  Monday,  amounted  to  nothing.  The  facts 
show  that  within  the  time  required  by  law,  on  that  day,  a  suffi- 
cient number  of  inhabitants  qualified  to  vote,  organized  a  regular 
board  of  election,  the  result  of  which  was,  the  election  of  defend- 
ant. The  returns  were  duly  made  to  the  School  Commissioner 
of  Bureau  County,  and  all  the  oaths  required  by  law  administered 
to  defendant  by  a  magistrate  of  that  county.  The  objection  that 
it  does  not  appear  from  the  body  of  the  affidavit  or  the  jurat  to 
the  same,  that  it  was  in  Bureau  County,  State  of  Illinois,  is  not 
important.  It  will  be  intended  it  was  in  the  proper  county,  as 
the  returns  were  made  to  the  School  Commissioner  of  the  proper 
county. 

"  The  subsequent  election  at  which  the  relators  were  elected, 
was  invalid,  the  power  of  the  voters  in  this  regard  having  been 
exhausted  at  the  regular  election  at  which  defendant  was  duly 
elected :  so  that  we  are  of  opinion  that  the  Circuit  Court  did 
not  err  in  admitting  the  j^oll-hooJc  in  evidence^  nor  in  instructing 
the  jury  that  the  postponement  of  the  election  on  N'ovember  9th, 
1857,  was  illegal,  and  that  a  legal  election  could  be  held  afterwards 


ELECTIONS.  151 

on  the  same  day^  hf  the  qualified  voters  then  and  there  assem- 
bled, nor  in  holding  that  the  act  of  qualifying  by  said  defendant 
was  sufficient,  nor  in  rendering  judgment  in  his  favor.  The  judg- 
ment is  affirmed." — III.  Heporls,  vol.  xx,  p.  474. 

Failitke  to  Hold  Election. — "When  the  time  fixed  by  Law  for 
the  holding  of  a  school  election  has  come  and  passed  by  without 
such  election  being  held,  on  account  of  failure  to  give  legal 
notice,  the  omission  may  be  corrected  by  the  Trustees  or  Direct- 
ors, as  the  case  may  be,  by  issuing  notices  as  required  by  Law, 
and  holding  the  election  on  a  subsequent  Monday.  Under  the 
former  Law,  no  provision  of  this  kind  existed,  and  the  efiect  of  a 
failure  to  hold  an  election  was,  that  the  incumbents  held  over 
until  the  next  regular  election  following.  The  amended  Law  of 
1861  empowers  Trustees  and  Directors  to  order  an  election,  in 
default  of  the  regular  election  on  the  day  fixed  by  Law. 

When  it  appears  that  the  election  has  not  been  announced  in 
due  form  by  the  requisite  legal  notices,  said  notices  may  be 
issued,  and  the  election  ordered  two  weeks  later,  or  on  any  other 
Monday,  as  may  be  deemed  most  expedient. — Bateman. 

Refusal  to  Call  Electio:^. — When  the  officers  whose  duty  it 
is,  refuse  to  call  an  election  at  the  proper  time,  they  may  be  cotn- 
pelled  to  act  by  writ  of  tnandumus.  They  are  also  liable  to  the 
penalties  prescribed  in  Section  76  for  misfeasance. 

The  Law  provides  no  remedy  for  such  perverseness,  unless  it 
is  by  mandamus,  compelling  t-he  Directors  to  call  a  meeting. 
The  42(?  and  48^A  Sections  require  that  the  notices  for  an  election 
to  extend  the  term  of  school  shall  be  given  by  the  Directors. 
Unless,  therefore,  a  majority  of  the  Directors  concur  in  giving 
the  notice  and  calling  the  election,  the  Law  prescribes  no  means 
of  voting  on  the  question. — Bateman. 

The  decision  here  quoted  from  Mr.  Batbman"  was  intended  to 
have  application  to  a  particular  case  submitted  to  him,  but  the 
principle  declared  will  admit  of  general  application,  and  forms 
the  basis  of  official  decisions  of  this  Department  in  all  cases  of 
refusal  of  school  officers  to  call  elections  at  the  proper  time. 

Electiojst  Held  on  Wrong  Day. — If  an  election  is  held  on 
any  other  day  than  that  fixed  by  the  statute,  it  is  held  that  such 
an  error  does  not  invalidate  the  acts  of  officers  so  elected. 


152  ELECTIONS. 

If  an  election  is  held  at  any  other  time  than  that  fixed  by  law, 
and  it  is  ordered  or  acquiesced  in  by  the  former  officers,  the  acts 
of  those  elected  will  be  valid ;  at  least,  so  far  as  the  rights  of 
those  persons  and  the  public  are  concerned. — Edxoards. 

If  an  election  is  actually  had  on  some  other  day  besides  that 
fixed  by  Law,  then  the  question  of  the  validity  of  said  election 
comes  before  the  courts,  in  the  manner  prescribed  by  Law ;  this 
Department  has  no  further  jurisdiction  in  the  case.  But  until 
the  election  has  been  contested  and  determined  by  the  proper 
tribunals,  the  acts  of  the  ofiicers  elected  will  be  valid,  so  far  as 
the  public  and  third  parties  are  concerned. — Bateman. 

As  stated  in  a  former  circular,  the  acts  of  school  Directors  or 
other  ofiicers  de  facto,  claiming  to  hold  their  offices  under  color 
of  right,  are  vahd  so  far  as  other  parties  or  the  public  are  con- 
cerned. This  class  of  cases  includes  officers  elected  notwith- 
standing there  may  have  been  some  informality  in  the  election. — 
Sateman. 

Manner  or  Contesting  Elections. — The  most  summary 
mode  of  contesting  the  claims  of  an  acting  officer  is  to  enjoin 
him,  by  legal  process,  from  discharging  the  duties  of  the  office. 
The  case  is  then  immediately  brought  before  a  tribunal  where  it 
can  be  discovered  and  decided  whether  the  officer  is  entitled  to 
hold  the  office  or  not. 

Elections  for  school  officers  may  be  contested  by  getting  out 
an  injunction,  restraining  those  claiming  to  be  elected  from  act- 
ing. The  case  is  thus  brought  before  the  courts,  and  settled. — 
Powell. 

First  Elections  in  Townships  and  Districts. — The  election 
for  Trustees  in  newly  organized  townships,  and  for  Directors  in 
newly  organized  districts,  may  be  held  on  any  Monday,  ten  days' 
previous  notice  being  given,  as  required  by  Law. 


OFFICERS.  153 


SCHOOL  OFFICERS. 

SUPERINTENDENT   OF   PUBLIC   INSTRUCTION. 

Decisions  rendered  by  the  State  Superintendent  in  cases  of 
controversy  and  litigation  submitted  to  the  Department  for 
adjudication,  are  final,  so  far  as  the  action  of  the  Department 
itself  is  concerned.  The  legislature  or  the  courts  may  set  aside 
a  decision  of'  the  State  Department,  but  until  an  opinion  or 
decision  pronounced  by  the  Superintendent  has  been  so  overruled, 
it  is  of  peremptory  obligation  and  cannot  be  disregarded  without 
penalty.  It  has  been  conceived  by  some  that  the  opinion  of  the 
Superintendent  is  advisory  merely,  and  not  obligatory;  and  under 
the  influence  of  this  error,  it  has  transpired  that  a  neighborhood 
has  been  annoyed  and  harrassed  by  the  continued  agitation  of 
questions  which  had  been  ofiicially  put  to  rest  by  the  State  Super- 
intendent. It  has  occurred,  also,  [in  one  instance,  at  least,]  that 
a  matter  adjudged  and  decided  by  the  Superintendent  has  been 
subsequently  passed  upon  by  a  School  Commissioner,  whose 
opinion  diifering  with  that  of  the  Superintendent,  was  accepted 
and  acted  upon  by  the  very  parties  who  applied  to  the  State 
Dejiartment  for  a  judgment.  Again:  during  the  past  twelve 
months  a  case  was  submitted  to  this  Department  for  adjudication 
which  had  been  officially  disposed  of  and  settled  by  the  Depart- 
ment under  a  preceding  administration.  The  application  was 
quickly  dismissed,  with  a  reminder  that  the  case  had  been  already 
decided  by  the  State  Superintendent,  and  with  a  notification  that 
the  parties  were  neither  authorized  by  law  nor  licensed  by  good 
manners  to  re-submit  a  question  which  had  been  thus  finally  and 
officially  decided.  If  dissatisfaction  result  from  a  decision  of  the 
State  Department,  and  j^arties  are  disposed  to  seek  a  reversal  of 
the  decision  pronounced,  their  recourse  is  to  the  courts,  and  not 
to  a  succeeding  incumbent  of  the  Superintendent's  office.  This 
Department  will  not  stultify  itself  by  reviewing  and  reversing  its 
own  decisions  in  particular  cases.     The  review  and  modification 


154  OFFICEES. 

of  an  oi^inion  relating  to  a  general  principle  is  a  different 
matter. 

Opinions  from  the  Department  should  not  be  applied  for  when 
the  cases  submitted  have  been  taken  to  the  courts,  and  are  await- 
ing decision  at  such  tribunals.  Courts  should  decide  cases  upon 
their  own  merits,  independent  of  other  influences,  and  official 
opinions,  obtained  under  such  circumstances,  should  not  be  paraded 
for  effect.  Such  an  application  involves  a  kind  of  disrespect 
toward  the  Department,  as  if  its  opinion  would  serve  well  for  pur- 
poses of  pettifoggery,  but  is  not  valued  for  its  legal  or  official 
worth.  In  all  such  cases,  where  the  opinion  of  the  Department  is 
desired,  let  the  parties  first  take  their  case  out  of  court,  and  then, 
upon  a  submission  of  all  the  facts,  a  decision  will  be  rendered. 
Such  a  course  would  apj^ear  more  legitimate,  and  Avould  argue  a 
better  respect  and  confidence  toward  the  Department.  Cases 
before  a  civil  court  are  beyond  the  pale  of  this  tribunal,  and 
belong  to  a  separate  and  independent  jurisdiction.  There  is  a 
kind  of  indecorousness  attending  the  delivery  of  an  opinion  by  the 
State  Superintendent,  the  ohject  of  which  is  to  influence  the  judi- 
cial decision  about  to  be  pronounced  upon  it. 

There  is  an  essential  difference  between  the  decisions  of  the 
State  Department  which  refer  to  abstract  questions,  arising  out 
of  particular  cases,  and  those  which  relate  to  the  exposition  of 
general  principles  involved  in  the  School  Law.  The  first  are 
based  upon  a  certain  state  of  facts  which  exist  in  a  given  case 
only,  and  which  may  never  exist  again.  They  cannot  be  regarded 
as  decisive  in  any  other  cases,  but  in  that  only  to  which  they 
exj)ressly  refer.  The  second  class  of  decisions  is  simply  affirm- 
atory  of  ascertained  and  well  established  principles,  without 
specific  reference  to  any  given  case,  and  such  opinions  are  gene- 
rally applicable  to  any  state  of  facts  involving  the  general  prin- 
ciples so  affirmed. 


COMMISSIONEKS.  155 


SCHOOL  COMMISSIONERS. 

1.  Apportionment. — School  Commissioners  are  not  authorized 
to  apjiortion  State  and  county  school  moneys  to  townships  in 
which  no  school  has  been  kept,  as  required  by  Law. 

School  Commissioners  will  apportion  no  money  to  townships  in 
which  no  school  has  been  kept,  according  to  law.  But  if  in  a 
township,  a  single  school  has  been  established  and  kept,  as  the 
law  requires,  then  that  township  comes  under  the  statute,  and  is 
entitled  to  participate  in  the  distribution  by  the  School  Commis- 
sioner.— Bateman. 

Where  a  township  lies  in  two  counties,  it  is  the  duty  of  the 
Commissioner  of  each  county  to  apportion  to  such  township, 
according  to  the  number  of  acres  of  land  and  the  number  of  white 
persons  under  twenty-one  years  of  age  retiarned  from  that  fraction 
of  the  township  lying  in  his  county ;  provided^  that  in  such  portion 
of  the  township  a  school  or  schools  have  been  kept  according 
to  Law. 

Where  a  township  is  divided  by  a  county  line,  leaving  one  or 
more  districts  on  each  side  of  said  line,  the  Treasurer  of  said  town- 
ship is  entitled  to  funds  from  mcA  School  Commissioner,  jorouiV^ec?, 
that  schools  have  been  kept  according  to  law  in  each  fraction  of  the 
township ;  but  not  otherwise.  If  the  district  or  districts  in  the  part 
of  said  township  lying  in  one  county  have  complied  with  the  pro- 
visions of  law,  while  the  district  or  districts  of  said  township 
which  lie  in  the  other  county  have  not  so  complied,  then  the  Treas- 
urer of  said  township  is  entitled  to  funds  from  the  commissioner 
of  the  former  county,  but  not  from  the  commissioner  of  the  latter 
county. — Bateman. 

Where  no  returns  have  been  made  for  the  year  preceding,  of 
the  number  of  white  persons  under  twenty-one  years  of  age,  by  a 
township  or  townships  in  any  county,  the  Commissioner  will  adopt 
as  the  basis  of  distribution  to  such  townships  the  last  census  of 
white  persons  under  twenty-one  on  file  in  his  office. 

Where  officers  fail  to  report  the  number  of  white  children  under 
twenty-one,  the  School  Commissioner  will  adopt  the  census  of 


156  COMMISSIOI^ERS. 

those  townships  whose  officers  have  comi^lied  with  the  law  and 
made  a  return,  and  take  the  last  enumeration  of  those  townships 
from  which  no  returns  were  received  last  fall,  as  the  basis  of 
distribution.  The  townships  whose  officers  comply  with  the 
law  are  entitled  to  the  full  benefits  of  their  increased  j)opulation. 
— Powell. 

In  distributing  the  State  and  county  fund,  School  Commissioners 
must  always  take  as  the  basis,  the  latest  official  enumeration  of 
persons  under  twenty-one  on  file  in  their  office. — Bateinan. 

School  Commissioners  will  not  distribute  money  to  townships 
whose  Treasurers  have  not  executed  and  filed  a  bond,  as  required 
by  Section  55  of  the  School  Law.  When  a  Treasurer  is  re-ap- 
pointed, he  must  renew  his  bond. 

The  safety  of  the  township  fund  is  conditioned  upon  the  faith- 
ful execution  by  the  township  Treasurer,  of  a  bond,  with  at  least 
two  responsible  securities,  to  be  approved  by  at  least  a  majority 
of  the  Board  of  Trustees,  and  filed  with  the  School  Commissioner. 
There  is  the  most  culpable  remissness  and  neglect  in  this  matter, 
in  many  parts  of  the  State,  and  thousands  of  dollars  of  township 
funds  have  been  irretrievably  lost  from  this  cause,  during  the  past 
two  years.  The  execution  of  the  bond,  Avith  adequate  security, 
must  be  demanded  by  the  Trustees  with  inexorable  firmness,  and 
additional  security  must  be  obtained,  should  the  safety  of  the 
funds  require  it.  And  in  all  cases,  upon  the  expiration  of  the  old 
bond,  or  the  appointment  of  another  Treasurer,  a  new  bond  must 
be  promptly  required.  School  Commissioners  should  peremptorily 
refuse  to  pay  over  any  part  of  the  State  or  County  fund,  to  any 
Township  Treasurer  who  has  not  complied  with  this  most  essen- 
tial provision  of  the  law. — Bateman. 

If  the  Trustees  of  a  township  make  false  returns  to  the  School 
Commissioner,  they  are  liable  to  the  penalty  ajij^ointed  in  Section 
76.  Commissioners  cannot  absolutely  A;woio  that  township  returns 
are  false  and  fraudulent,  imless  they  have  positive  and  convincing 
proof  of  the  fact.  If  such  proof  be  presented  to  them,  it  would 
be  well  to  withhold  the  public  money, — at  least,  until  the  facts 
were  rej^orted  to  the  State  Superintendent. 

Examination  of  Teacheks.— School  Commissioners  are  required 
by  the  51st  section  of  the  Act,  to  "fix  upon  the  time  of  holding 
meetings  for  the  examination  of  teachers,  in  such  places  in  their 


COMMISSIONERS.  157 

respective  counties,  as  will  in  their  opinion,  Lest  accommodate  the 
greatest  number  of  candidates  for  examination." 

This  requirement  is  peremptory — but  the  law  docs  not  prescribe 
the  mimher  of  times  and  places ;  that  is  left  to  the  discretion  of  the 
Commissioner.  It  is  further  made  the  duty  of  each  Commissioner 
to  ^^i<i^i6'/i  the  notice  of  all  such  meetings,  "in  some  newsj)aper 
of  general  circulation." — Bateman. 

CoMMissiONEKS  are  authorized  to  aj^point  one  or  more  persons 
to  examine  Teachers.  This  duty  should  never  be  delegated  to 
persons  of  questionable  competency  or  fidelity.  Practical  Teach- 
ers, or  other  active,  intelligent,  educational  men  should  always  be 
chosen  on  these  boards  of  examiners,  if  possible. — Bateman. 

An  examiner,  appointed  by  the  commissioner  is  not  a  school 
officer  in  the  meaning  of  the  law,  and  is  not  exempted  from  work- 
ing on  roads,  serving  on  juries,  &c.,  &c. — Powell. 

It  will  be  the  duty  of  the  School  Commissioner  or  board  of 
examiners,  when  requested  by  the  Directors  of  any  district,  to 
examine  Teachers  in  the  higher  branches;  in  which  case  they 
shall  certify  to  the  additional  branches  proposed  to  be  taught ; 
but  no  certificate  can  be  given  unless  the  Teacher  is  qualified  to 
teach  the  several  branches  enumerated. — Edwards. 

School  Commissioners  arc  entitled  to  one  dollar  for  each  cer- 
tificate renexoed^  the  same  as  for  the  original  certificate  ;  provided^ 
that  the  application  for  renewal  is  not  made  at  one  of  the  regular 
times  and  places  advertised  by  the  Commissioner  for  the  examina- 
tion of  teachers.  No  charge  can  be  made  for  any  certificate  or 
renewal,  granted  at  any  of  the  above  times  and  places. — Bateman. 

A  Teacher's  certificate  of  qualification  cannot  be  dated  back 
by  the  Commissioner,  but  must  bear  date  on  the  day  of  examina- 
tion.    Otherwise  it  will  not  conform  to  truth. 

Commissioners  must  refuse  certificates  of  qualification  to 
immoral  persons.  In  judging  of  the  moral  character  of  a  Teacher, 
the  Commissioner  can  certainly  act  from  his  own  knowledge,  not- 
withstanding the  presence  of  written  testimonials ;  and  if  he  Jcnoios 
that  the  Teacher  is  not  of  good  character,  he  should  refuse  to  cer- 
tify to  it.  It  is  but  rarely  the  case,  it  may  be,  that  the  Commis- 
sioner can  knotv  that  the  candidate  is  of  good  moral  character,  but 
he  should  not  so  certify  Avhen  he  does  know  to  the  contrary. 

A  Commissioner  should  revoke  a  certificate  held  by  a  Teacher 
of  immoral  habits,  though  such  certificate  were  issued  by  huuself. 


158  COMMISSIONEES. 

The  moral  character  of  the  Teacher  is  of  the  first  importance,  and 
if  the  Commissioner  has  issued  a  certificate  to  a  person  of  bad 
habits  from  a  want  of  knowledge  of  his  real  character,  the  error 
should  be  corrected  as  soon  as  the  facts  are  discovered. 

School  Lands,  Sale  of,  &c. — It  is  essential  to  the  validity  of 
sales  of  school  lands  by  Commissioners  that  due  and  legal  notice 
of  sale  be  given. 

The  expense  of  giving  notice  for  sales  of  school  lands  must  be 
paid  by  the  Commissioner. 

The  School  Commissioner  pays  the  expense  of  advertising  sale 
of  school  lands  out  of  his  three  per  cent,  commissions. — Powell. 

The  Commissioner  is  entitled  to  three  per  cent,  of  the  amount 
realized  from  all  sales  of  school  lands  made  by  him,  and  is  also 
entitled  to  two  per  cent,  of  the  amount  so  realized  which  may  be 
loaned  by  him.  When  a  sale  of  school  lands  is  made  by  the  Com- 
missioner, and  the  amount  for  which  the  lands  are  sold  is  not 
actually  paid  in,  but  loaned  to  the  purchaser  or  jDurchasers,  he  is 
entitled  to  three  per  cent,  for  selling,  and  two  per  cent,  for  loaning. 

The  Commissioner  is  entitled  to  two  per  cent.,  whether  the 
money  is  loaned  to  the  purchaser  of  the  land,  or  <tctually  paid  in^ 
and  loaned  to  another  j^erson. — Poioell. 

The  doctrine  of  this  decision,  as  intended  by  Mr.  Powell,  doubt- 
less is,  that  the  Commissioner  has  as  clear  a  right  to  his  two  per 
cent,  commission  on  loans  made  to  purchasers  of  school  lands 
(though  no  money  has  passed)  as  he  has  to  his  commission  in 
loaning  any  school  moneys  actually  in  hand.  Mr.  Powell  evidently 
did  not  intend  to  avow  that  the  Commissioner  had  the  right  to 
loan  such  money  when  paid  in  to  hmi  by  the  purchaser  of  school 
lands  to  any  other  party  than  the  purchaser.  This  is  clear  from 
the  decision  following. 

When  the  purchaser  of  school  lands  pays  the  full  price  of  the 
land  to  the  Commissioner  in  cash,  the  money  so  received  should 
be  paid  to  the  township  Treasurer,  to  he  loaned  by  him. — Poicell. 

When  a  Commissioner  has  sold  school  land,  and  omits  to  take 
a  mortgage,  as  the  Law  requires,  the  lien  upon  the  land  is  not 
lost,  but  may  be  enforced  against  subsequent  pm-chasers,  with 


COMMISSIONERS.  159 

notice,  if  proceedings  for  that  purpose  are  instituted  within  a 
reasonable  time,  that  is,  before  the  claim  is  outlawed  by  the  statute 
of  limitation. 

This  princijjle  is  established  by  a  decision  of  the  Supreme 
Court,  in  the  case  of  "  The  Trustees  of  Schools  vs.  John  S. 
Wright,^''  reported  in  Vol.  xii  III.  Rep.,  p.  432.  The  following 
are  the  material  facts  in  the  case : 

At  a  public  sale  of  school  lands  belonging  to  the  sixteenth  section 
of  a  certain  township  in  LaSalle  County,  made  by  the  School  Com- 
missioner of  said  County  in  pursuance  of  law,  John  T.  Temple 
became  the  purchaser  of  certain  lots  in  the  sub-division  of  said 
sixteenth  section.  Notes  were  executed  by  said  Temple  to  the 
Commissioner  for  the  payment  of  the  purchase  money,  as  required 
by  law,  with  Grant  Goodrich  and  Royal  Stewart  as  securities. 
Said  notes  were  received  by  the  Commissioner,  and  deposited 
with  the  township  Treasurer,  but  no  mortgage  was  executed  by 
Temple  as  collateral  to  the  notes.  The  Commissioner  at  the  same 
time  issued  to  Temple  a  certificate  of  purchase ;  subsequently  a 
patent  issued  to  Temple.  Temple  failed  to  pay  the  notes,  and  he 
and  his  sureties  became  bankrupt.  Suit  was  instituted  by  the 
Trustees  of  the  townshii^  aforesaid  in  the  Circuit  Court  of  LaSalle 
County  to  enforce  against  the  purchasers  of  said  lands  a  vendor's 
lien  for  the  purchase  money  due.  The  case  was  decided  adversely 
in  the  Circuit  Court,  and  the  bill  dismissed.  The  case  came 
before  the  Supreme  Court  on  a  writ  of  error,  and  the  opinion  of 
the  court  was  given  by  Judge  Treat.  The  following  is,  in  sub- 
stance, the  decision : 

"  The  statute  under  which  these  lands  were  sold,  required  the 
School  Commissioner  to  take  notes  with  personal  security  and  a 
mortgage  on  the  premises,  to  secure  the  payment  of  the  purchase 
money.  The  lands  were  sold  on  a  credit  of  one,  two,  and  three 
years,  and  the  notes  of  the  purchaser  with  sureties,  taken  for  the 
payment  of  the  several  installments,  but  the  Commissioner  omitted 
altogether  the  taking  of  a  mortgage.  Under  these  circumstances, 
we  think  the  lien  was  not  waived.  The  purchaser  did  not  acquire 
the  land  divested  of  alien,  which  the  law  expressly  provided  should 
be  reserved.  In  such  a  case,  there  can  be  no  doubt  of  the  right 
of  Trustees  of  schools  to  assert  a  lien,  as  against  a  purchaser; 
and  we  think  it  equally  clear,  that  the  same  remedy  may  be  pur- 


160  COMMISSIONEES. 

sued  against  those  claiming  under  him,  with  notice,  if  proceed- 
inofs  are  instituted  within  a  reasonable  time  after  the  riajht  to  do 
so  accrues.  The  defendants  all  purchased  before  the  patent 
issued,  and  before  the  last  of  the  notes  came  due.  The  certificate 
of  purchase  showed  on  its  face  that  the  original  purchaser  had 
given  notes  for  the  consideration,  and  the  same  fact  appeared  in 
the  report  of  the  sale  to  the  County  Court.  If  the  defendants 
had  examined  the  sources  of  their  title,  they  would  at  once  have 
discovered  that  the  lands  were  sold  on  a  credit  which  had  not 
then  expired,  and  by  inquiring  at  the  proper  office  they  would 
have  ascertained  that  the  notes  were  still  unpaid.  They  are 
chargeable  with  knowledge  of  every  thing  appearing  on  the  face 
of  the  title  papers,  and  of  the  records  relating  to  the  sale.  Tl^ 
decree  of  the  Circuit  Court  dismissing  the  bill,  so  far  as  it  seeks 
to  enforce  a  lien  against  the  lots  conveyed,  is  reversed ;  and  the 
cause  is  remanded,  with  leave  to  the  parties  to  amend  their 
pleadings." 

Ax  OMISSION,  on  the  part  of  the  Commissioner,  to  record  the 
proceedings  of  sale  of  school  lands  will  not  invalidate  the  title 
of  the  purchaser.  This  principle  has  been  settled  by  the  Supreme 
Court,  in  the  case  of  Trustees  of  Schools  of  Town.,  23  iV!  72.  1  E. 
vs.  James  Allen  et  at,  reported  in  Vol.  xxi  111.  Rep.,  p.  120.  In  this 
case,  the  School  Commissioner  of  McLean  County  sold  to  defend- 
ants lands  of  the  sixteenth  section  of  said  township,  on  or  about 
the  2Sth  day  of  September,  1850,  for  which  lands  patents  were 
subsequently  issued  to  the  jnarchasers.  It  was  alleged  that  the 
Commissioner  omitted  to  make  a  record  of  the  sale,  as  required ; 
whereupon  the  Trustees  of  the  township  aforesaid  brought  suit 
in  chancery,  in  the  Circuit  Court  of  McLean  County,  jiraying  for 
a  decree  to  set  aside  the  sale,  on  account  of  irregularity,  as 
stated.  The  court  refused  the  prayer,  and  decided  the  sale  to  be 
legal  and  the  title  good  and  valid.  The  case  was  taken  to  the 
Supreme  Court  on  a  writ  of  error,  in  January,  1859,  and  the 
decision  of  the  court  below  afl5rmed,  the  opinion  being  delivered 
by  Judge  Breese,  from  which  I  quote  as  follows  : 

"  The  grounds  for  the  relief  prayed  by  complainants  are  not 
established  by  any  testimony  they  have  adduced,  nor  does  it  cast 
upon  the  case  the  slightest  shadow  of  fraud  on  the  part  of  the 
defendants,  or  others  concerned  in  the  sale  of  the  land. 


COMMISSIONERS.  Ii61 

"  It  is  urged  that  the  prerequisites  of  the  Act  authorizing  a 
sale  of  school  lands  have  not  been  complied  with,  in  this,  that  the 
School  Commissioner  kej^t  no  record  of  the  sale. 

"  This  is  directory  to  the  Commissioner,  but  the  title  of  the 
land  he  might  sell,  if  legally  and  fairly  sold,  could  hardly  be 
made  to  depend  on  his  obeying  these  directions. 

"The  case,  as  shown  by  the  proofs  in  the  cause,  is  Avholly 
destitute  of  any  indication  of  fraudulent  act  or  intent,  in  any 
quarter,  by  any  party.  The  most  that  can  be  said  about  it  is, 
there  are  omissions  to  perform  certain  acts  which  the  statute 
required;  but  which,  not  being  performed,  in  the  absence  of 
fraud,  should  not  be  permitted  to  invalidate  a  patent  issued  by 
the  State,  which  the  statute  declares  "  shall  operate  to  vest  in  the 
purchaser  a  perfect  title  in  fee  simple."  It  would  be  hard,  indeed, 
if  one  of  our  farmers,  whose  all  was  his  land,  should,  after  receiv- 
ing a  patent  for  it  from  the  United  States  or  from  this  State,  be 
deprived  of  it  because  some  careless  official  in  some  public  office 
had  omitted  to  do  some  act  the  law  required  him  to  do  before  the 
patent  could  issue.  The  public  and  individuals  have  a  right  to 
repose  upon  the  patent  issued  by  the  government,  and  that  it 
shall  not  be  attacked  except  for  fraud,  or  as  having  issued  with- 
out law. 

"  The  testimony  shows  that  full  value  was  paid  for  the  land  at 
the  time  it  was  sold.  It  may  be  a  misfortune  and  loss  to  the 
county  that  the  sale  was  made  so  soon,  but  being  made  fairly 
and  not  in  violation  of  law,  it  must  stand.  The  decree  is  accord- 
ingly affirmed,  except  as  to  costs,  it  being  provided  by  statute 
that  Trustees  of  schools  pay  no  costs." 
11 


162  TRUSTEES. 


TRUSTEES. 

To  ENTITLE  a  district  to  share  in  the  benefit  of  the  public 
money,  it  is  peremptorily  required  that  the  Directors  thereof  shall 
have  kept  a  free  school  in  operation  for  six  months  during  the 
year  preceding.  The  conditions  of  the  Law  are  not  so  fulfilled 
in  a  case  where  a  district  has  kept  a  school  open  for  seven  months 
in  one  school  year,  and  only  five  months  in  another  year,  as  to 
entitle  it  to  draw  j)ublic  money  for  both  years,  although  the  school 
has  been  kept  in  operation  for  twelve  months  during  the  two 
years. 

The  Law  undoubtedly  requires,  as  the  condition  of  participat- 
ing in  the  distribution  of  the  public  school  funds,  a  six  months 
school  during  each  and  every  year.  It  will  not,  of  course,  satisfy 
the  Law  to  average  the  time  of  two  or  more  years,  taking  the 
surplus  months  of  one  year  to  make  good  the  deficiencies  of 
another. — Bateman. 

Only  those  districts  in  a  township  which  have  complied  with 
the  six  months  requirement  are  entitled  to  share  in  the  public 
money.  If  there  be  six  districts  in  a  township,  and  only  tico  of 
them  have  had  schools  for  six  months,  the  whole  of  the  public 
money  subject  to  distribution  must  be  apportioned  to  the  two 
districts  in  which  legal  schools  have  been  kept.  So,  if  only  one 
of  the  districts  had  kept  a  six  months  school,  that  one  district 
will  be  entitled  to  the  whole  of  the  public  money. 

If  all  the  Districts  in  a  given  township  are  able  to  report  a  six 
months  school,  then  all  participate  in  the  distribution  of  the 
public  funds,  upon  the  basis  prescribed  in  the  Mth  Section.  If 
only  a  part  of  the  Districts  comply  with  the  law,  then  that  part 
only  are  included  in  the  distribution  made  by  the  Trustees, 
receiving  all  that  would  have  been  apportioned  to  the  other  Dis- 
tricts, but  which  they  forfeited  by  neglect.  It  occasionally  hap- 
pens that  only  a  single  District  in  a  whole  township  has  had  a  six 
months  school  according  to  law.  In  such  a  case,  that  District  is 
legally  entitled  to  the  whole  distributive  fund  of  the  township. — 
JBateman. 


TEXJSTEES.  168 

Trustees  are  personally  liable  for  any  loss  or  damages  result- 
ing from  their  neglect  to  apportion  upon  a  schedule  before  them, 
which  has  been  legally  accredited  by  the  Directors,  and  filed  with 
the  township  Treasurer.  It  is  the  duty  of  the  Trustees  to  allow 
every  schedule,  duly  filed  and  reported  by  the  Treasurer,  its  just 
and  equitable  share  in  the  apportionment  of  the  public  funds,  "  in 
proportion  to  the  attendance  certified ;"  and  for  any  loss  accruing 
through  their  neglect  or  failure,  the  law  holds  them  also  person- 
ally liable. — Bateman. 

Trustees  must  apportion  upon  schedules  on  the  very  day  fixed 
by  Law,  and  cannot  apportion  upon  a  schedule  which  is  not  returned 
to  them  at  the  proper  time.  This  principle  is  stated  in  the  fol- 
lowing decision  of  the  Supreme  Court,  in  the  case  of  Thomas  L. 
Cotton  vs.  Lewis  Reed  et  al,  Trustees  of  Schools,  111.  Rep.,  vol.  xx, 
p.  607, 

In  this  case.  Cotton  had  taught  a  school,  and  had  done  all 
things  required  of  him  by  law  to  entitle  him  to  payment  on  his 
schedule.  The  schedule  was  kept  as  required,  certified  to  by  him, 
and  presented  to  one  of  the  Directors,  who  certified  to  its  cor- 
rectness. Neither  of  the  other  Directors  certified  to  the  schedule, 
owing  to  their  absence  from  home,  nor  was  the  schedule  presented 
to  the  Treasurer  before  the  meeting  of  the  Trustees  next  follow- 
ing its  completion.  The  Trustees  refused  to  allow  or  order  its 
jiayment,  and  Cotton  filed  a  bill  in  chancery  in  the  Circuit  Court 
of  Hardin  County,  to  compel  the  Trustees  to  order  payment  on 
schedule,  which  bill  was  dismissed  by  the  court  below.  The  case 
came  to  the  Supreme  Court  in  a  writ  of  error  from  Hardin  County, 
and  was  decided  in  Novemb'er,  1858.  The  opinion  of  the  Court, 
from  which  I  qixote  below,  was  rendered  by  Judge  Walker : 

"  We  hare  the  question  presented,  whether  the  time  is  matei-ial 
when  the  Teacher's  schedule  shall  be  certified,  and  filed  with  the 
township  Treasurer,  to  entitle  it  to  payment  out  of  the  public 
school  fund.  The  50th  Section  of  the  School  Law  provides 
the  mode  of  certifying  Teachers'  schedules  by  the  Teacher 
and  at  least  two  Directors,  and  when  certified,  as  prescribed, 
requires  that  they  shall  be  filed  Avith  the  township  Treas- 
urer by  the  Directors.  The  5lst  Section  provides  that  such 
scherlules  so  certified  shall,  at  least  two  days  before  the  first 
Saturday*   of  April  and   October,  be   delivered   to  the  Treas- 

*  The  Law,  as  changed,  appoints  the  first  Monday  in  April  and  October  for 
the  regular  meeting  of  the  Trustees,  instead  of  Saturday^  as  formerly. 


164  TRUSTEES. 

urer.  The  3Qth  Section,  after  enumerating  the  funds  to  be  dis- 
tributed, &c.,  provides  that  "  the  balance  they  shall  appropriate 
on  the  several  schedules  certified  and  returned  from  each  school 
in  the  township  according  to  law,  in  proportion  to  the  number  of 
days  certified  on  such  schediiles  respectively  to  have  been  taught 
since  the  last  regular  return  day  fixed  by  the  Act." 

"  Tlie  duties  and  powers  of  Trustees  of  schools  in  the  distri- 
bution of  the  school  fund,  are  regulated  by  legislative  enactment. 
In  that  respect  tliey  have  no  discretion  whatever.  They  must 
distribute  this  fund  at  the  time,  and  to  the  persons,  and  for  the 
purposes  directed.  They  are  compelled  to  pursue  the  require- 
ments of  the  law.  The  language  is  peremptory  that  the  schedule 
must  be  examined,  corrected  and  certified  to  by  two  Directors, 
or  a  committee  appointed  for  that  purpose,  and  filed  two  days 
jDrevious  to  the  first  Saturday  in  April  and  October,  and  that  the 
fund  shall  be  distributed  on  the  schedules  certified  and  returned 
from  each  school  in  the  township,  according  to  law.  The  sched- 
ule wholly  fails  to  comply  with  this  requirement,  either  as  to  cer- 
tificate or  return.  And  the  language  employed  leaves  no  doubt 
that  the  Legislature  intended  that  these  provisions  should  be 
complied  with  to  authorize  money  to  be  apportioned  to  the  pay- 
ment of  Teachers.  If  this  requirement  may  be  dispensed  with, 
we  can  see  no  reason  why  any  other  provision  of  the  Act  may 
not  be  disregarded.  That  such  requirements  should  be  imposed 
is  perhaps  necessary  to  protect  tlje  fund  from  waste,  and  may 
have  been  the  considerations  which  influenced  the  Legislature  in 
adopting  them.  But  we  in  this  Act  find  no  authority  either  for 
the  Trustees  of  schools  or  the  courts  to  disregard  these  pro- 
visions. 

"  But  it  is  urged  that  a  court  of  equity  should  entertain  jurisdic- 
tion and  grant  the  relief  sought,  u])on  the  grounds  of  accident. 
In  an  examination  of  numerous  authorities  to  which  Ave  have  had 
access,  we  have  been  unable  to  find  any  authority  to  relieve  a 
party  from  an  officer's  neglect  in  performing  his  duties.  In  such 
case,  the  oflficer  is  liable  to  the  party  injured,  in  an  action  at  law 
for  damages,  and  such  remedy  at  law  is  complete.  In  this  case 
all  that  is  claimed  as  an  accident,  was  no  more  than  a* neglect  of 
duty  by  the  Directors. 

"  But  if  the  defendants  had  failed  to  perform  a  duty  imposed 
upon  them  as  officers  by  the  law,  they  may  be  compelled  to  its 
performance  by  a  writ  of  inandamus.  Courts  of  equity  have  no 
such  power,  and  must  leave  the  party  to  his  legal  remedy,  by  writ 
of  mandamus,  or  action  against  the  persons  charged  with  the  non- 
performance of  duty  which  has  produced  the  injury.  Though  the 
complainant  in  this  case  may  be  wholly  blameless,  and  may  have 
performed  his  entire  duty,  we  think  he  is  not  entitled  to  relief  in 
the  mode  sought,  and  that  the  court  below  committed  no  error  in 
dismissing  his  bill,  and  the  decree  of  that  court  must  be  affirmed. 


TRUSTEES.  165 

This  principle  is  again  stated  in  the  decision  of  the  Supreme 
Court  in  the  case  of  Joseph  B.  Thomas  vs.  Trustees  of  Schools, 
reported  in  111.  Rep.,  vol.  xvi,  p.  163. 

If  any  DisTPacT  have  a  surplus  of  public  money  remaining, 
after  paying  schedules,  said  surplus  does  not  go  back  into  the 
township  fund,  but  belongs  to  the  district,  and  will  be  held  by 
the  township  Treasurer  subject  to  the  order  of  the  Directors 
thereof.  The  following  decision  applies  to  a  case  in  which  the 
district  mentioned  [No.  3.]  had  sucli  surplus  remaining. 

The  twenty  dollars  surplus  drawn  by  District  No.  3  belongs 
exclusively  to  that  district,  and  should  remain  in  the  township 
treasury  subject  to  the  order  of  the  Directors  of  District  No.  3, 
and  may  be  expended  by  them  in  paying  any  deficiency  due  upon 
back  schedules,  in  paying  Teachers'  schediiles  in  the  future,  in 
defraying  any  necessary  school  expenses,  such  as  fuel,  etc.,  or  in 
purchasing  a  library  or  apparatus  for  the  school. — Poioell. 

Trustees  of  a  township  lying  in  two  counties,  and  receiving 
public  money  from  the  commissioners  of  both  counties,  wiU  unite 
the  funds  and  distribute  the  amount  as  one  fund. 

If,  in  a  township  lying  in  two  counties,  the  Treasurer  receives 
$400  from  one  commissioner  and  $200  from  the  other  commis- 
sioner, the  funds  should  be  merged,  and  treated  as  a  common  fund. 
— Powell. 

The  school  funds  of  the  township  cannot  be  borrowed  by  the 
Trustees  thereof. 

There  can  be  no  question,  I  think,  but  that  the  loaning  of  any 
portion  of  the  school  fund  under  the  control  of  the  Trustees,  by 
themselves,  to  one  or  more  of  their  own  number  is  wholly  without 
any  sanction  of  law.  It  brings  their  individual  interests  in  con- 
flict with  their  trust  duties,  and,  aside  from  the  express  provisions 
of  the  42d  section  of  the  Act,  is  contrai-y  to  the  general  principles 
of  law  governing  trust  relations  and  official  conduct.  Such  a 
transaction  is  of  the  nature  of  a  "  contract"  in  the  sense  of  the 
statute,  and,  as  such,  is  explicitly  prohibited  in  the  42d  section  of 
the  law. — Bateman. 

The  boundaries  of  school  districts  cannot  be  altered  or  changed, 
but  at  a  regular  meeting  of  the  Board  of  Trustees;  but  a  regu- 
lar meeting  may  be  adjourned  to  a  subsequent  day,  at  which 


160  TRUSTEES. 

adjourned  meeting  the  Trustees  may  change  the  boundaries  of  dis- 
tricts, provided,  the  business  was  introduced  for  action  at  the 
regular  meeting  held  on  the  day  fixed  by  Law. 

After  a  township  has  been  laid  oiF  into  districts,  the  Trustees 
have  no  power  to  alter  or  change  any  district,  except  at  a  regular 
session.  But  the  regular  meetings  required  of  the  Trustees  on 
the  first  Monday  of  April  and  October  may  be  continued  from 
day  to  day,  or  adjourned  to  be  held  at  any  other  time. — Edwards. 

School  districts  can  be  altered  or  changed  only  at  a  regular 
semi-annual  meeting  in  April  and  October.  But  if  a  proposition 
to  alter  or  change  a  district  is  presented  at  siich  regular  meeting, 
but  not  acted  on  for  want  of  time  or  other  sufficient  reason,  such 
proposition  may  be  taken  iip  and  disposed  of  at  an  adjourned 
meeting.  Such  a  meeting  is  to  be  regarded  as  merely  a  continua- 
tion of  the  regular  session.  But  no  proposition  to  change  the 
boundaries  of  districts  can  be  considered  or  acted  upon  by  the 
Trustees  at  any  adjourned  meeting,  unless  said  j^roposition  was 
first  submitted  to  them  at  a  regular  semi-annual  meeting. — 
Bateman. 

Districts  may  be  formed  out  of  territory  lying  m  adjoining 
townships.  In  such  case,  it  is  required  that  the  Trustees  of  the 
townships  interested  co-operate.  It  is  not  necessary  that  the  dif- 
ferent Boards  meet  together,  in  joint  session,  but  simply  that  they 
mutually  agree  to  the  action  proposed.  The  joint  action  of  the 
several  Boards  is  necessary  in  changing  such  districts. 

Districts  composed  of  parts  of  two  or  more  townships  may  be 
established  ;  in  which  case  the  Trustees  of  the  interested  town- 
ships shall  act  in  conjunction  ;  but  when  such  districts  are  formed, 
they  cannot  be  changed  without  the  consent  of  a  majority  of  the 
Trustees  of  each  township. — Edwards. 

In  the  formation  or  alteration  of  a  district  or  districts  lying  in 
two  or  more  townships,  the  two  or  more  Boards  of  Trustees  must 
"  act  in  conjunction,"  as  the  Law  has  it;  that  is,  they  must  concur 
in,  consent  or  agree  to,  the  proposed  change.  Without  such 
mutual  consent  the  proposed  measure  cannot  be  legally  consum- 
mated. It  is  not  necessary  that  the  several  Boards  of  Trustees 
should  all  meet  together,  and  debate  the  question  in  joint  session,  in 
order  to  "  act  in  conjunction,"  in  the  sense  of  the  statute.     All 


TRUSTEES.  167 

that  is  essential  is,  that  there  should  be  agreement,  concurrence,  in 
respect  to  the  subject  proposed.  The  several  Boards  may  meet 
together,  or  separately,  and  make  known  their  action  afterwards. 
— Bateman.      ' 

• 

In  case  of  the  division  of  a  district,  the  Trustees  must  proceed 
at  once  to  divide  equitably  between  the  several  parts,  all  the  pro- 
perty, funds,  taxes,  &c.,  belonging  to  the  original  district.  This 
duty  should  be  j)erformed  at  the  time  the  division  is  made. 

School  houses  and  school  house  sites,  and  all  other  school  pro- 
perty belonging  to  a  district  at  the  time  of  its  division,  is  held  to 
come  within  the  meaning  of  the  term  as  used  in  section  39,  and 
as  such  must  be  divided  among  the  several  parts  of  the  district, 
when  such  district  is  divided,  in  proportion  to  the  interest  of  each 
of  such  parts  of  a  district  so  divided  in  such  property  at  the  time 
of  its  division.  The  law  makes  it  the  duty  of  the  Trustees  to 
divide  such  j)roperty,  but  fails  to  specify  the  manner  in  which 
they  shall  make  the  division.  The  following  method  is  suggested 
to  the  Trustees  as  being  both  equitable  and  convenient :  Where 
a  district  is  divided  which  is  the  owner  of  any  hind  of  property, 
let  the  Trustees  determine  by  estimate  what  portion  of  such  pro- 
perty is  justly  due  each  part  of  said  district,  the  taxable  property  in 
each  of  such  parts  of  the  district  being  tahen  as  the  basis  of  such  divi- 
sion ;  then  let  the  Trustees  select  some  disinterested  person  as  an 
appraiser  of  such  property,  let  the  Directors  of  the  district  owning 
the  property  select  a  second  person,  and  they  two  a  third  person, 
to  appraise  the  present  value  of  all  the  property  belonging  to  the 
district.  When  they  shall  have  set  a  value  upon  the  property, 
the  Trustees  can  then  adjust  the  amounts  due  the  several  parts  of 
the  district  as  above  indicated  ;  and  the  Directors  of  the  district 
can  proceed  to  levy  the  amount  due  the  part  or  parts  set  off  upon 
the  portion  of  the  district  in  which  the  house  is  situated.  If  the 
Directors  shall  faU  or  refuse  to  do  so,  the  Trustees  may  order  the 
whole  property  sold  at  auction  to  the  highest  bidder,  and  then 
divide  the  proceeds  of  the  sale  as  above  indicated. — Powell. 

When  a  new  district  is  formed  from  parts  of  one  or  more  dis- 
tricts, in  which  taxes  had  already  been  levied,  said  taxes  should 
be  divided  by  the  Trustees  at  the  time  the  new  district  is  formed, 
and  the  Treasurer  should  be  instructed  to  hold  the  portion  of 


168  TRUSTEES. 

such  taxes  belonging  to  said  new  district  when  collected  and  paid 
over  to  him,  subject  to  the  order  of  the  Directors  of  said  new  dis- 
trict. But  if  no  division  of  tax  funds  was  made,  when  the  new 
district  was  formed,  it  is  competent  for  the  Ti'ustees  to  make  such 
division,  at  any  time,  and  they  should  do  so  without  delay — for 
district  taxes  are  subject  to  call,  at  any  time  after  collection,  and 
the  new  district  should  not  be  deprived  of  her  portion  by  the 
neglect  of  the  Trustees — sections  33  and  39  jirescribe  the  manner 
of  dividing  the  tax  funds  when  new  Districts  are  formed. — 
Bateman. 

If  a  school  house  belong  to  a  district,  but  not  the  site  on  which 
it  stands,  the  Trustees,  in  case  of  a  division  of  the  district,  should 
apportion  to  the  several  parts  the  value  of  the  house. 

The  fact  that  the  District  does  not  own  the  site,  does  not  release 
it  from  the  obligation  to  divide  the  value  of  the  house,  which  it 
does  own,  and  which  both  districts  helped  to  buUd.  The  case 
falls  under  section  39,  the  language  of  which  is  too  plain  to  require 
any  explanation. — Bateman. 

Township  school  lands,  having  been  once  sold  and  reverting 
to  the  township,  may  be  re-sold.  In  such  case,  the  Trustees,  and 
not  the  School  Commissioner,  will  sell  the  land. 

Several  years  ago,  the  school  section  in  a  certain  township  was 
sold,  and  joatents  were  issued  to  the  purchasers,  from  the  State, 
conveying  and  assuring  the  title.  Default  having  been  made  in 
the  payments  due  on  one  half  of  said  section,  it  was  sold,  and  the 
Trustees,  to  secure  the  township,  bought  it  back,  and  secured  the 
title  in  their  corporate  name  as  Trustees.  It  is  now  desirable  to 
re-sell  that  land,  and  the  question  arises :  Who  shall  sell  it — the 
Trustees,  or  the  School  Commissioner  ? 

A  similar  question  was  svtbmitted  about  a  year  ago,  in  answer 
to  w^liich,  I  expressed  and  published  the  opinion,  that  it  was  com- 
petent for  the  Trustees  to  make  the  second  sale. 

After  a  careful  reconsideration  of  the  subject,  I  am  not  able  to 
arrive  at  any  other  conclusion  than  that  already  expressed.  I 
am  clearly  of  opinion  that  the  Tinistees,  in  all  such  cases  as  the 
above,  have  the  right  to  re-sell.  The  soundness  of  this  opinion 
seems  to  be  sustained  by  many  strong  and  obvious  considerations. 

Prior  to  the  original  sale,  the  title  vests  in  the  State.  The  first 
sale  can  only  be  made  by  the  School  Commissioner.     The  original 


TRUSTEES.  169 

purchasers  can  only  obtain  their  patents  from  the  State,  through 
the  Commissioner.      Vide  sections,  83  to  96,  inclusive. 

But  after  the  original  sales  have  been  effected,  and  patents  have 
been  issued  to  the  purchasers,  and  the  title  of  the  State  has  thus 
been  alienated,  it  would  seem  to  follow  that  the  jurisdiction  of 
the  School  Commissioner  ceases.  The  State,  which  the  Commis- 
sioner represented,  and  for  which  he  acted,  having  now  conveyed 
its  title,  and  vested  the  same  in  the  purchasers,  the  official  relation 
of  the  School  Commissioner  to  the  land  terminates — his  agency  is 
no  longer  needed. 

The  owners  of  the  land  have  now  a  perfect  title,  and  may, 
therefore,  grant  a  good  title  to  those  purchasing  from  them.  The 
Trustees  having,  in  the  case  before  us,  bought  in  the  land  and 
acquired  title  in  the  manner  aforesaid,  may  undoubtedly  re-sell 
and  convey,  in  their  corporate  name,  as  aforesaid. 

The  law  is  everywhere  very  careful  to  protect  school  funds. 
No  costs  are  allowed  in  any  suit  for  the  recovery  of  the  school 
fund  or  any  interest  due  thereon  when  such  suit  is  unsuccessful. 
The  land  in  question,  has  been  once  sold  by  the  School  Commis- 
sioner— he  has  had  his  commissions  for  selling  it.  If  he  may  sell 
and  re-sell  the  same  piece  of  land,  over  and  over  again,  there 
would  be  no  limit  to  the  amount  of  his  commissions.  It  cannot 
be  supposed  that  the  law  contemplates  more  than  one  commission 
to  the  same  officer  for  selling  the  same  piece  of  land.  If  the 
Trustees  sell,  no  additional  cost  will  be  incurred,  for  the  law  does 
not  entitle  them  to  pay  for  that  service. 

Sections  90  and  91  do  not  describe  this  case — t/ie^/  refer  to  im- 
sold  lands ;  this  is  forfeited  land.  The  power  to  sell  is  clearly 
given  to  the  Trustees,  in  the  41st  section  of  the  Act. 

To  accord  with  the  spirit  of  the  Law,  therefore,  the  proper 
construction,  in  all  cases  embraced  within  the  present  inquiry, 
would  seem  to  be : 

That  forfeited  lands,  within  two  years  from  valuation,  should 
be  sold  by  the  Trustees,  at  that  valuation — and. 

That  after  two  years,  they  should  be  again  valued,  without  peti- 
tion^ [see  sec.  91 ,  "  j^roue'so,"]  and  sold  by  the  Trustees. — Bate- 
man. 


170  TOWNSHIP    TEEASTJEEE. 


TOWNSHIP  TREASURER. 

Upon  tlie  election  of  a  new  Board  of  Ti-ustees,  a  new  bond 
should  in  all  cases  be  executed  by  the  township  Treasurer.  This 
is  not  only  required  by  Law,  but  from  a  due  regard  to  the  rights 
of  the  securities,  and  the  protection  of  the  pubhc  money. — Bate- 
man. 

The  Bond  of  the  Treasurer  should  be  so  filled  up  as  to  desig- 
nate plainly  the  particular  township  for  which  the  ofiicer  is  acting. 

In  the  second  line  of  the  form  of  bond  (Act  1861,  §55,  p.  24,) 
the  blank  after  the  words  "  unto  the  board  of"  should  be  filled  as 
follows:  "Trustees  of  Township  No.  — ,  Range  No.  — ;"  giving 
definitely  the  township  and  range.  The  blank  is  sometimes  filled 
with  the  single  word  "  Trustees,"  which  is  too  vague,  and  of 
questionable  legal  validity.  There  are  a  great  many  Boards  of 
Trustees  in  the  county ;  and  unless  the  blank  is  filled  with  a  com- 
plete description  of  the  township,  as  above  suggested,  there  is 
nothing  to  show  the  particular  Board  of  Trustees  to  whom  the 
treasurer  is  holden,  nor  what  particular  board  would  be  author- 
ized to  sue  him  on  his  bond  for  malfeasance  in  office,  as  provided 
in  section  64,  et  al.  The  blank  in  the  second  line  of  the  form 
should,  therefore,  be  filled  as  specifically  as  that  in  the  eighth  line, 
that  the  identity  may  be  manifest. — Bateman. 

The  Teeasueee  may  institute  suit  against  borrowers  of  school 
money,  on  default  of  payment  of  either  principal  or  interest,  with- 
out an  express  order  from  the  Board  of  Trustees. 

It  may  safely  be  taken  for  granted,  that  in  all  such  legal  pro- 
ceedings, [bringing  suit  for  money  loaned]  the  Treasurer  will  seek 
the  advice  and  concurrence  of  the  Trustees,  and  may  have  an 
order  from  them  before  commencing  an  action.  But  such  are  his 
legal  relations  to  the  township  fund,  that  I  am  disposed  to  the 
opinion  that  he  may  proceed  in  the  premises  without  a  formal 
order  from  the  Board  of  Trustees. — Bateman. 

The  61st  section  makes  it  the  duty  of  the  Treasurer  to  proceed 
to  the  collection  of  aU  claims  due  the  township,  when  they  ma- 
ture ;  and  if  any  loss  accrues  from  his  neglect  in  this  particular,  he 
and  his  securities  become  liable  [see  section  64]  unless  he  acted, 
or  was  warranted  in  his  failure  to  act,  by  an  order  of  the  Board 


TOWNSHIP   TEEASUEER.  lYl 

of  Trustees  entered  upon  their  journal  and  subscribed  by  the 
President  and  Clerk ;  in  which  case,  if  loss  accrues,  the  Trustees 
become  responsible.  In  case  of  loss  by  the  neglect,  he  is  rcspons- 
ilbe  for  failing  to  collect,  in  proper  time,  the  debts  due  the  town- 
ship, unless  he  was  ordered,  in  the  manner  prescribed  above,  not 
to  collect. — Ibid. 

The  Treasurer  cannot  himself  borrow  the  school  moneys  of 
a  township  which  have  been  entrusted  to  his  official  custody. 

Can  township  Treasurers  loan  to  themselves  any  part  of  the 
school  funds  of  their  own  townships? 

It  would  seem  that  the  answer  to  this  inquiry  should  readily 
suggest  itself  without  argument — that  the  inconsistency  of  the 
transaction  should  be  self-evident.  But  as  a  different  opinion  and 
practice  have  extensively  obtained,  it  will  be  of  use  to  give  the 
point  a  brief  examination. 

That  township  Treasurers  shoidd  not  and  cannot  lawfully  be- 
come borrowers  of  the  school  funds  of  the  townships  of  which 
they  are  treasurers,  will  appear  from  the  following  considerations : 

1.  The  township  Treasurer  is  the  agent  of  the  Board  of  Trus- 
tees, through  whom  alone  all  loans  must  be  effected  and  all  con- 
tracts connected  therewith  be  executed.  [Section  57.]  In  all  valid 
contracts  there  must  be  at  least  two  parties  —  one  empowered  to 
negotiate,  the  other  competent  to  be  negotiated  with.  These  two 
parties  cannot  be  identical,  or  the  powers  of  each  be  merged  in 
the  same  person.  This  would  be  a  contradiction  in  terms,  and 
subversive  of  the  primary  rules  of  mutual  obligation, 

2.  Not  only  is  there  no  one  with  whom  the  Treasurer  can  law- 
fully make  the  contract  in  loaning  to  himself,  but  another  difficulty 
presents  itself  The  execution  of  securities  may  be  denied  by  a 
plea  of  non  est  factum.  In  such  case  the  testimony  of  the  town- 
ship Treasurer  is  conclusive  proof  that  the  securities  were  duly 
executed.  But  suppose  that  plea  is  made  by  the  township  Treas- 
urer himself  in  denial  of  the  execution  of  his  own  securities  as  a 
borrower  of  the  fund:  how  or  by  whom  shall  the  township  prove 
them?    What  recourse  would  there  be  in  such  an  emergency? 

3.  All  books,  notes,  bonds,  mortgages,  and  all  other  evidences 
of  indebtedness  belonging  to  the  township,  are  by  law,  in  the 
exclusive  custody  of  the  Treasurer,  who  is  required  to  safely  keep 
the  same,  and  to  lay  them  before  the  Trustees  at  their  semi-annual 
meetings.  [Sections  52  and  53.]  If  therefore,  the  Treasurer 
loans  the  funds  to  himself,  he  must  keep  and  hold  all  of  his  own 
notes  and  other  written  securities.  But  this  would  afford  strong 
temptation  to  fraud,  and  be  in  direct  conflict  with  the  familiar 
doctrine  in  equity  that  temptation  should  be  removed,  and  a 
constant  sense  of  personal  responsibility  and  personal  interest  be 


1T2  TOWKSHIP    TEEASURER. 

kept  alive.     This  principle  applies  to  all  who,  like  the  township 
Treasurer,  act  in  a  fiduciary  capacity. 

4.  The  Treasurer  must  demand  all  moneys,  papers,  etc.,  belong- 
ing to  the  township.  [Sec.  62.]  Can  he  make  this  demand  of  him- 
self? And,  if  it  should  be  essential,  how  shall  such  demand  be 
proved?  Again:  If  additional  security  shall  be  required  by  the 
Trustees  for  the  payment  of  money  loaned,  section  60  commands 
the  Treasurer  to  institute  suit  for  the  recovery  of  the  pi-incipal 
and  interest.  Can  he  institute  proceedings  against  himself?  If 
not,  how  shall  the  additional  security  be  obtained  and  the  inter- 
ests of  the  township  be  protected?  Is  such  protection  to  be 
found  in  the  official  bond  of  the  Treasurer?  Certainly  not.  The 
bond  simply  obligates  the  Treasurer  to  discharge  all  the  duties  of 
his  office  according  to  law.  To  hold  that  the  Treasurer  can  go 
on  and  bori-ow  the  township  funds  on  said  bond,  without  giving 
the  securities  required  in  section  57,  would  surely  be  the  extreme 
of  absurdity.  The  only  ground  on  which  the  Treas^irer  would 
be  liable  on  his  bond  in  the  premises,  would  be  that  of  illegal 
conduct  in  loaning  the  funds  to  himself;  but  this  woiild  be  fatal 
to  the  assumed  right  in  question,  and  conclusively  sustain  the 
position  here  taken,  that  such  loans  are  not  legal;  for  that  can 
not  be  lawful  for  doing  which  an  ofiicer  is  liable  on  his  own  bond. 

5.  The  Treasurer  is  the  creature  and  agent  of  the  Trustees ; 
and  if  they  may  loan  to  him,  or  allow  him  to  loan  to  himself,  it  is 
diflicult  to  see  why  he  may  not  loan  to  them,  or  allow  them  to 
loan  to  themselves  or  to  each  other ;  and  thus  every  vestige  of  se- 
curity for  the  money  would  be  gone :  the  township  ofiicers  might 
speculate  in  the  school  funds  without  let  or  hindrance ;  the  de- 
sire to  get  control  of  the  money  would  incite  to  fraud  and  corrup- 
tion in  the  election  of  Trustees  and  the  appointment  of  Treasu- 
rers ;  avarice,  bribery,  dishonesty  and  deceit  would  mark  the  his- 
tory of  the  management  of  the  funds,  and  the  beneficent  purpose 
of  the  legislature  be  utterly  defeated. — Bateman. 

Special  tax  funds  belonging  to  a  district  may  be  paid  out  at 
any  time,  on  the  order  of  the  Directors  of  said  district. 

It  is  the  manifest  intention  of  the  Law  to  place  these  funds,  in 
a  special  manner,  at  the  control  of  the  several  boards  of  Direct- 
ors by  whom  and  for  whose  sole  benefit  they  were  levied.  For 
this,  and  other  reasons,  the  position  may,  I  think,  be  safely  as- 
sumed, that  the  Directors  may  draw  on  the  Treasurer  at  any  time, 
for  such  special  district  funds  as  may  be  in  his  hands.  The  order 
of  the  Directors,  and  the  receipt  of  the  person  to  whom  the  money 
is  paid,  will  be  sufticient  evidence  in  favor  of  the  Treasurer,  and 
an  ample  guaranty  for  whatsoever  of  responsibility  he  may  as- 
sume.— Bateman. 

In  case  a  balance  of  apportioned  funds  remain  in  the  hands  of 


TOWNSHIP   TREASURER.  173 

the  Treasurer  to  the  credit  of  any  district,  after  all  claims  have 
been  paid,  said  balance  or  any  portion  of  it  may  be  paid  out  by 
the  Treasurer  on  the  order  of  the  proper  Directors,  for  the  pay- 
ment of  legitimate  school  expenses,  without  the  presentation  of 
schedule. 

When  the  Trustees  meet,  in  April  and  October,  their  first  duty 
is  to  '■'■  apportion''''  to  the  scA'eral  districts  the  amount  of  money  on 
hand;  that  is,  to  determine  and  assign,  in  the  manner  required 
by  law,  the  due  proportions  and  just  share  to  which  each  district 
is  entitled.  The  amounts  so  apportioned  and  determined  are  then 
placed  on  the  books  of  the  Treasurer,  to  the  credit  of  the  several 
districts.  The  Treasurer  then  proceeds  to  pay  out  these  funds  to 
the  persons  authorized  to  receive  them,  charging  each  district,  on 
his  books,  with  the  amount  so  paid  out.  It  sometimes  happens 
that  a  sur2")lus,  or  "  balance,"  remains  to  the  credit  of  a  given  dis- 
trict after  an  orders  from  such  districts  have  been  presented  and 
paid.  For  this  balance,  or  for  any  part  of  it,  the  Directors  may 
draw  on  the  Treasurer  at  any  time,  and  may  use  the  same  for  any 
legitimate  school  purposes  whatever.  A  simple  order  is  sufficient ; 
no  schedule  need  be  filed  with  such  order.  This  view  does  not 
conflict  at  all  with  the  provisions  of  the  53d  section,  in  which  the 
authority  of  the  Treasurer  to  pay  teachers  is  conditioned  upon 
the  filing  of  schedules.  That  section  simply  makes  the  filing  of 
schedules  essential  to  the  claim  of  a  given  district  in  the  original 
distribut'i07i  of  the  funds  ;  it  has  nothing  to  do  with  the  disposition 
of  the  surplus  after  such  distribution — that  is  provided  for  in  the 
34th  section,  ujjon  lohich  the  foregoing  remarks  are  based. — Bate- 
man. 

The  moneys  apportioned  to  districts  on  account  of  census  and 
schedules  constitute  one  fund,  and  Treasurers  will  hold  the  same 
as  such,  to  be  paid  out  on  the  orders  of  Directors. 

Treasurers  will  make  no  distinction  whatever,  between  the 
money  apportioned  to  disti'icts  by  census  of  children,  and  bj^  sched- 
ule. The  two  i^arts  must  be  placed  to  the  credit  of  the  several 
districts  nnd  held  by  the  Treasurer,  on  precisely  the  same  condi- 
tions ;  subject  to  be  paid  out  on  schedules  and  other  orders  drawn 
by  the  Directors ;  as  fully  explained  in  the  former  part  of  this 
circular. 

The  sole  purpose  of  the  Legislature,  in  the  amendment  to  the 
34th  section  was  to  benefit  the  agricultural  districts,  which  cannot 
have  as  many  months  school  in  the  year,  as  districts  in  the  towns 
and  villages — not  to  create  two  distinct  funds,  subject  to  difl;*erent 
regulations. — JBateman. 

The  Treasurer  need  not  as  a  matter  of  duty  go  behind  an 


174  TOWNSHIP  TREASUREE. 

order  drawn  by  the  Directors,  to  inquire  into  its  correctness  or 
legality ;  but  if  he  certainly  Jcnows  that  an  order  is  illegally 
draw7i,  he  may  refuse  its  payment.  As,  if  a  Teacher  be  employed 
who  has  no  certificate,  and  his  schedule  be  certified  to  and  filed 
by  the  Directors,  who  order  its  payment,  the  Treasurer  may  with- 
hold the  money  so  ordered,  if  he  Jcnows  the  Teacher  to  be  un- 
qualified to  teach  under  the  Law.  To  allow  the  order  under  such 
circumstances,  would  be  a  misapplication  or  perversion  of  the 
moneys  in  his  hands. 

Where  Directors  employ  a  Teacher  who  has  not  a  certificate, 
as  required  by  Law,  and  the  Treasurer  is  so  informed  officially 
by  the  School  Commissioner,  and  yet  the  Directors  certify  to  the 
schedule  of  said  Teacher,  the  Treasurer  should  not  pay  it.  It 
would  be  a  case  of  open  fraud  and  should  not  be  overlooked. 
Known  and  palpal)le  fraud  always  vitiates.  It  is  the^fficial  duty 
of  the  Commissioner  to  examine  all  Teachers.  He  is  not  bound 
to  inform  Treasurers  as  to  who  have  or  have  not  legal  certificates 
— but  if,  in  any  case,  he  does  ofticially  lodge  such  information  with 
the  Treasurer,  the  latter  is  bound  to  notice  it,  and  not  willfully  aid 
in  the  violation  of  the  Law. — Bateman. 

The  amount  of  fines  and  forfeitures  accruing  to  the  school 
fund  of  each  township,  under  Section  82  is  to  be  ascertained  by 
the  Treasurer  thereof,  and  reported  to  the  School  Commissioner 
of  the  county  semi-annually,  according  to  the  following  instruc- 
tions issued  by  the  State  Department  in  1860: 

It  shall  be  the  duty  of  the  Township  Treasurer,  of  each  and 
every  township  in  which  there  is  a  justice  of  the  peace,  excepting 
incorporated  towns  or  cities,  as  soon  as  practicable  after  the  re- 
ceipt of  this  circular,  to  examine  the  docket  of  said  justice,  in 
respect  to  moneys  belonging  to  the  school  fund,  and  to  report  the 
result  of  said  examination  to  the  School  Commissioner.  And 
semi-annually  thereafter,  each  Treasurer  as  aforesaid,  shall  repeat 
said  examination  of  said  justice's  docket,  and  report  to  the  School 
Commissioner  as  aforesaid,  on  or  before  the  15th  day  of  March 
and  September — so  that  the  School  Commissioner  can  include 
the  amount  of  funds  so  collected,  in  his  semi-annual  distribution 
to  the  different  townships  of  the  county. 

And  it  shall  be  the  duty  of  each  and  every  Justice  of  the  Peace 
aforesaid,  to  give  to  the  township  Treasurer  aforesaid,  full  and 
free  access  to  his  docket,  for  the  examination  aforesaid,  and  to 
pay  over  to  the  said  Treasurer  any  and  all  funds  collected  and  in 
his  hands,  and  belonging  of  right  to  the  school  fund,  taking  the 
receipt  of  the  Treasurer  therefor.  But  Justices  of  the  Peace  are 
not,  hereby,  released  from  the  duty  of  paying  over  said  fines,  &c., 


TOWNSHIP  TEEASUEEE.  176 

to  the  School  Commissioner  as  required  by  Law,  nor  is  the  Com- 
missioner absolved  in  the  least,  from  any  duty,  in  the  premises, 
devolved  by  Law  upon  him. 

The  first  examination  required  herein  shall  reach  back  to  the 
date  of  the  election  of  the  present  acting  Justice — and  each  sub- 
sequent examination,  to  the  date  of  the  preceding  one.  Upon 
receiving  the  report  of  the  Treasurer,  the  School  Commissioner 
will  have  exact  and  reliable  data  upon  which  to  act.  And  when 
said  reports  shall  reveal  the  fact  that  moneys  collected  and  belong- 
ing to  the  school  fund,  remain  in  the  hands  of  any  Justice  of  the 
Peace,  it  shall  be  the  duty  of  said  Commissioner  to  institute  legal 
proceedings  for  the  recovery  of  the  same,  as  required  in  the  82nd 
section  of  the  act. 

When  funds  are  paid  by  the  Magistrates  to  Treasurers,  the  lat- 
ter shall  pay  over  the  same  to  the  School  Commissioner  without 
delay  and  take  his  receipt  therefor. 

The  appointment  of  a  new  Treasurer  by  a  Board  of  Trustees 
is  in  law  and  in  fact  a  removal  of  the  prior  officer. 

The  appeoval  of  the  bond  of  a  Treasurer  is  sufficiently  evi- 
denced by  the  official  endorsement  on  the  bond  of  the  names  of 
the  Trustees. 

These  points  have  been  decided  by  the  Supreme  Court,  in  the 
case  of  E.  8.  HolbrooJc  et  al.  vs.  Trustees  of  Schools  of  Toionship 
33  North^  of  range  1  East,  reported  in  vol.  XXII  111.  Rep.  p.  539. 
This  case  was  an  action  of  debt,  commenced  in  the  Circuit  Court 
of  LaSalle  county  by  Trustees  aforesaid,  against  Holbrook,  town- 
ship Treasurer,  and  his  securities,  for  the  recovery  of  school 
moneys  in  the  hands  of  said  Holbrook,  which  he  had  refused  to 
pay  over  to  his  successor  in  office.  The  record  shows  that  E.  S. 
Holbrook  was  appointed  Treasurer  in  April,  1850;  that  he  held 
said  office  imtil  April,  1856,  when  D.  L.  Hough  was  appointed 
as  his  successor;  that  immediately  upon  being  appointed,  and 
duly  qualified  by  executing  bond  which  was  approved.  Hough 
demanded  of  Holbrook  the  school  moneys  in  his  hands,  amount- 
ing to  $1,693.39;  that  Holbrook  refused  and  neglected  to  pay 
over  said  moneys  to  Hough,  though  often  requested  to  do  so,  and 
that  he  still  held  possession  of  the  moneys  at  the  time  the  action 
was  brought.  Holbrook  held  that  Hough  was  not  legally  ap- 
jDointed,  because  no  vacancy  existed  in  the  office  of  Treasurer  at 
the  time  of  the  appointment  of  the  latter,  and  because,  also,  the 
bond  of  Hough  had  not  been  approved  in  a  meeting  of  the  Board 
of  Trustees,  but  only  by  the  official  signatures  of  said  Trustees. 


176  TOWNSHIP    TEEASUEER. 

The  verdict  was  given  in  the  Circuit  Court  for  the  jolaintiffs; 
whereupon  the  case  was  brouglit  by  appeal  to  the  Supreme  Court, 
and  the  judgment  of  the  Court  below  was  affirmed,  the  opinion 
being  rendered  by  Judge  Caton^.  The  following  is  quoted  from 
the  decision : 

We  shall  first  consider  the  sufficiency  of  the  declaration.  We 
think  the  answer  to  the  objection,  that  it  does  not  show  that  there 
was  a  vacancy  in  the  office  of  Treasurer  at  the  time  of  Hough's 
appointment,  is  a  good  one.  The  statute  gave  to  the  Trustees 
the  power  to  remove  the  Treasurer  at  pleasure.  Possessing  such 
a  power,  the  appointment  of  another  in  the  place  of  Holbrook 
was,  of  itself,  a  removal  of  him  from  that  office.  It  did  not  re- 
quire a  separate  antecedent  order  of  removal.  Had  the  law 
required  them  to  spread  upon  their  records  the  reason  for  the 
removal,  or  even  authorized  tliem  to  remove  only  for  good  cause, 
the  rule  might  be  difierent.  The  declaration  avers  that  Hough 
was  duly  appointed  and  qualified,  and  it  is  objected  that  it  should 
have  shown  the  quo  modo  of  his  qualification  to  the  office.  We 
think  the  averment  sufficient.  The  fact  of  qiialification  is  the 
natural  fact  of  the  case,  and  it  was  not  necessary  to  plead  the 
evidence  which  would  be  adduced  in  support  of  that  fact.  Even 
where  a  Justice  of  the  Peace  is  justifying  in  an  action  of  trespass 
for  having  issued  an  execution,  which  has  been  levied  on  the 
jilaintiff 's  property,  it  is  only  necessary  for  him  to  aver  that  he 
was  a  Justice  of  the  Peace,  duly  elected  and  qualified  as  such, 
without  stating  the  mode  of  election  or  qualification.  It  is  ob- 
jected that  the  bond  of  Hough,  the  successor  of  Holbrook,  was 
not  a])proved  by  the  Board  of  Education  as  required  by  the 
School  Law.  The  approval  was  evidenced  by  the  members  of 
the  Board  endorsing  an  approval  on  the  bond,  and  signing  it  with 
their  proper  hands  and  official  designation.  In  this,  the  Board 
followed  the  jirecise  form  pointed  out  by  Section  52  of  the  School 
Law,  which  would  seem  to  be  a  sufficient  answer  to  the  objection. 

A  Teeasurek  is  holden  on  his  bond  for  the  moneys  dej^osited 
with  him,  and  the  law  will  compel  him  to  make  good  any  loss 
that  may  accrue  to  the  school  fund  by  reason  of  his  failure  to  pay 
over  moneys  confided  to  his  custody. 

This  principle  is  confirmed  in  the  case  of  Andrexo  J.  Thomp- 
son et  al.  vs.  Trustees  of  Township  16  North,  of  range  3  West, 
reported  in  vol.  XXX,  111.  Reports.  The  following  were  briefly 
the  facts  in  this  case.  Thompson  was  school  Treasurer  of  the 
township  aforesaid,  and  had  m  his  possession  on  April  1st,  18G0, 
school  moneys  belonging  to  the  township  to  the  amount  of  $608.85, 
said  moneys  being  deposited  in  an  iron  safe,  which   was  kept 


TOWNSHIP   TREASURER.  177 

locked.  About  the  7tli  of  the  same  month,  the  moneys  were 
stolen  from  the  safe  in  which  they  had  been  deposited,  having 
been  taken  without  the  knowledge  of  Thompson,  and  without 
any  fault  of  his.  The  Trustees,  having  demanded  the  moneys 
of  Thompson,  who  declined  paying  them  over  on  account  of  their 
having  been  stolen,  brought  suit  against  him  (Thompson,)  for  the 
recovery  of  the  amount  aforesaid,  in  the  Sangamon  County  Cii'- 
cuit  Court,  and  obtained  a  judgment  against  him.  Thompson 
appealed  the  case  to  the  Supreme  Court,  and  the  opinion  of  that 
Court  is  given,  in  substance,  following  : 

The  only  question  made  is,  as  to  the  liability  of  the  Treasurer 
and  his  sureties,  on  these  focts.  It  is  contended  by  them,  that 
they  are  not  liable  on  the  bond,  as  the  "bond  does  not  oblige  the 
Treasurer  safely  to  keep  the  money  coming  to  his  hands,  but  he 
is  only  liable  as  a  bailee  and  responsible  only  for  want  of  ordinary 
care. 

Section  55,  of  the  act  to  establish  and  maintain  a  system  of 
Free  Schools,  proAades,  that  the  township  Treasurer  shall,  before 
entering  upon  his  duties,  execute  a  bond  with  two  or  more  free- 
holders, &c.,  or  securities  payable  to  the  board  of  the  township 
for  which  he  is  appointed  Treasurer,  &c.,  conditioned  faithfully 
to  perform  all  the  duties  of  township  Treasurer,  &c.,  according 
to  law. 

The  condition  of  the  bond  is,  that  if  the  above  bound  township 
Treasurer,  shall  faithfully  discharge  all  the  duties  of  said  office 
according  to  the  laws  which  now  are  or  may  hereafter  be  in  force, 
and  shall  deliver  to  his  successor  in  office,  all  moneys,  books, 
papers,  securities  and  property  in  his  hands  as  such  township 
Treasurer,  then  the  obligation  to  be  void,  &c. 

As  it  is  gravely  in-ged  by  the  counsel  for  the  plaintiffs  in  error 
that  the  duties  of  township  Treasurer  do  not  embrace  keei^ing 
safely  the  moneys  coming  to  his  hands  for  the  use  of  schools,  it 
becomes  necessary  to  examine  the  statute  in  that  respect. 

Section  56  provides  that  the  township  Treasurer  shall  provide 
himself  with  two  well  bound  books,  the  one  to  be  called  a  cash 
book,  the  other  a  loan  book.  He  shall  charge  himself  in  the  cash 
book  Avith  all  moneys  received,  stating  in  the  charge  from  whom, 
&c.,  and  shall  credit  himself  with  all  moneys  paid  or  loaned,  the 
amount  loaned,  &c.  He  shall  also  enter  in  separate,  moneys  re- 
ceived and  moneys  paid  out,  charging  the  first  to  debit  account 
and  crediting  the  latter  as  follows,  to  wit:  1.  The  principal  of 
the  township  fund,  when  paid  in  and  when  paid  out.  2.  The 
interest  of  the  township  fund,  when  received  and  when  paid  out. 
3.  The  Common  School  fund,  and  other  funds,  when  received 
from  the  School  Commissioner  and  when  paid  out.  4.  The  taxes 
12 


178  TOWNSHIP   TREASURER. 

received  from  the  county  Collector,  &c.  5.  Donations  received. 
6.  Moneys  coming  from  all  other  sources,  &c. 

By  Section  62,  the  township  Treasurer  is  required  to  demand, 
receive  and  safely  keep,  according  to  law,  all  moneys,  books  and 
l^apers  of  every  description  belonging  to  his  township. 

J5y  Section  64,  for  any  failure  or  refusal  to  perform  all  the  du- 
ties of  township  Treasm-er  by  law,  he  shall  be  liable  to  an  action 
on  his  bond,  &c.  By  Section  72,  he  is  allowed  to  retain  two  per 
cent,  upon  all  sums  paid  out  or  loaned  by  him,  except  upon  mon- 
ej's  raised  by  any  district  tax. 

These  citations,  furnish  a  full  answer  to  the  point  made  by  the 
counsel  for  the  plaiutiifs  in  error  and  to  his  argument  in  support 
of  it. 

The  fact  that  the  township  Treasurer  is  required  to  'receive 
money,  and  enter  it  in  his  cash  book,  implies,  without  any  other 
special  regulation,  that  he  is  to  keep  it  satVIy.  This  is  one  of  the 
duties  of  his  office  he  has  xmdertaken  faithfully  to  discharge. 
Another  duty  no  less  imperative  is  that  he  will  deliver  to  his  suc- 
cessor in  office,  all  moneys  in  his  hands  as  such  township  Treas- 
urer. Which  he  could  not  do  if  he  suffered  it  to  be  lost  out  of 
his  hands,  or  it  should  be  so  lost,  by  any  accident.  The  under- 
standing is  that  the  money  shall  be  in  hands.  These  duties  he 
has  undertaken  to  perform  unconditionally ;  besides  all  this  he  is 
required,  by  section  62,  to  receive  and  safely  keej),  according  to 
law,  all  moneys,  &c.,  belonging  to  the  township. 

We  cannot  discover  a  shade  of  difference  between  this  and  the 
case  of  the  United  States  vs.  Prescott,  Howard  578,  cited  by 
the  counsel  for  the  defendant  in  error.  As  in  that  case,  so  here 
is  an  undertaking  safely  to  keep  the  money,  by  the  very  face  of  the 
language  of  the  condition  of  the  bond,  independent  of  the  pro- 
\dsions  of  the  sixty-second  section.  In  no  sense  is  this  a  case  of 
bailment.  The  liability  of  the  Treasurer  arises  out  of  his  official 
bond.  He  has  made  by  that  bond,  one  express  contract  with  the 
Trustees,  that  he  will  keep  safely  the  moneys  which  shall  come  to 
his  hands.  It  is  so  "  maintained  in  the  bond,"  when  that  is  read 
in  the  light  of  the  statute  prescribing  his  duties,  and  considera- 
tions of  public  policy  forbid  that  he  should  be  permitted  to  avail 
of  any  extraneous  fact  outside  of  the  condition  of  the  bond.  The 
Treasurer  well  knew  and  understood  the  contract  he  had  entered, 
and  the  extent  of  the  obligation  he  had  voluntarily  incurred,  and 
he  has  obtained  all  he  contracted  for ;  the  possession  of  the  office 
with  the  emoluments  attached  to  it. 

We  think  there  is  no  principle  on  which  the  defence  can  be 
sustained,  the  contract  being  absolute.  In  these  days  of  remorse- 
less peculation  upon  the  public,  by  its  functionaries,  indeed  at  all 
times,  public  policy  demands,  that  depositories  of  the  public  money, 
should  be  held  to  the  most  rigid  accountability  within  the  terms 
and  scope  of  their  covenants. 


TOWNSHIP  TREASURER.  179 

They  know  well  on  assuming  their  positions,  the  hazards  to 
which  they  arc  exposed,  and  they  voluntarily,  assume  the  risks, 
and  are  paid  for  so  doing. 

Township  Treasurers,  under  our  statutes,  sections  of  which  we 
have  cited,  are  made  insurers  of  the  funds  coming  to  their  posses- 
sion, and  nothing  should  or  can  excuse  them  but  the  act  of  God 
or  the  public  enemy.  There  would  be  no  surety  to  the  public  were 
not  this  the  rule.  A  distinct  and  well  defined  liability  is  imposed 
on  them  by  statute,  and  if  it  be  not  met  to  its  fullest  extent,  the 
omission  whether  resulting  from  misfeasance  or  negligence  or 
unavoidable  accident,  or  by  a  felony  committed  by  another,  fur- 
nishes no  defence  to  the  action  on  the  bond. 


186 


SCHOOL   DIRECTOKS. 


10.lfJ      :U08.I8q^   UOTJOB    S 

SCHOOL  DIRECTORS. 


DiRECTOKS  are  authorized  and  required  to  establish  in  their 
respective  districts  a  sufficient  number  of  schools  to  accommodate 
all  the  school-going  children  within  their  jurisdictions.  If  one 
school  is  not  sufficient  for  the  wants  of  the  district,  the  number 
should  be  increased,  until  suitable  accommodations  have  been 
provided  for  all. 

The  impression  extensively  prevails,  that  only  one  school  can 
legally  be  maintained  in  the  same  District.  So  far  is  this  from 
being  true,  that  it  is  the  imperative  duty  of  the  Directors  to  estab- 
lish as  many  schools  as  the  wants  of  their  District  require.  If 
they  should  fail  or  refuse  to  do  this,  the  inhabitants  have  undoubt- 
edly a  legal  remedy.  The  language  of  the  Law  is  peremptory : 
The  Directors,  '■'■shall  establish  and  keep  in  operation,  for  at  least 
six  months  in  each  year,  a  sufficient  number  of  free  schools  for  all 
the  children  in  the  District,  over  the  age  of  five  and  under  twenty- 
one  years."  In  conformity  with  this  requirement  they  may,  when 
the  exigencies  of  the  District  demand  it,  hire  or  rent  suitable 
rooms  or  houses  for  schools,  at  places  most  convenient  for  the 
accommodation  of  the  children,  without  a  vote  of  the  people. — 
Jiateman. 

Schools  may  be  continued  by  the  Directors  beyond  six  months, 
without  a  vote  of  the  people,  when  there  is  a  balance  of  public 
money  remaining  sufficient  to  defray  the  expenses  of  said  schools. 
It  is  only  when  it  is  necessary  to  levy  a  tax  to  continue  schools 
that  Directors  must  consult  the  people. 

The  LaAV  fixes  no  limit  to  the  number  of  months  a  district  may 
have  a  school.  It  only  says  that  each  district  must  keep  at  least 
six  months,  as  a  condition  of  receiving  public  money — leaving  it 
optional  with  the  Directors  to  extend  the  time  or  not.  But  Section 
48,  as  amended,  requires  a  vote  of  the  people  to  levy  a  tax  to 
continue  schools  beyond  six  months.  If  the  public  money  is  suffi- 
cient to  sustain  a  school  the  entire  year,  even  without  a  district 
tax,  the  Directors  have  full  power  to  keep  their  school  open  the 
whole  time. — Bateman. 

No  provision  of  the  Act  is  at  all  restrictive  of  the  right  of  each 
district  to  have  a  school  as  much  more  than  six  months  as  it 
chooses,  provided,  that  if  a  tax  is  necessary  to  continue  tlie  school, 
the  people  must  vote  it.  In  many  districts  the  public  funds  are 
sufficient  to  maintain  a  school  the  entire  year  without  any  district 


SCHOOL   DIRECTORS.  181 

tax  at  all.  No  one  can  doubt  that  the  Directors  of  such  districts 
may,  as  Directors,  without  a  reference  of  the  subject  to  a  popular 
A'^ote,  extend  the  term  of  school  to  eight,  ten  or  more  months,  at 
their  option. — -Ibid. 

Directors  are  authorized  to  appoint  and  establish  rules  and  reg- 
ulations for  the  government  of  pupils  attending  schools  under  tlieir 
control.  In  exercising  this  authority.  Directors  will  prescribe 
such  rules  as  will,  in  their  judgment,  be  best  calculated  to  promote 
the  good  order,  discipline,  and  usefulness  of  schools.  Directors 
have  full  power  to  suspend  or  expel  rebellious  pupils  from  the 
privileges  of  the  school.  The  following  paragraphs  are  quoted 
from  a  decison  of  the  Department,  whicli  was  rendered  for  the 
purpose  of  defining  the  jurisdiction  of  Directors  and  Teachers 
over  pupils  attending  school,  and  what  control  may  be  exercised 
by  the  Board  and  the  Teacher  over  such  pupils  oici  of  school  hourSc 

It  is  the  legitimate  province  of  the  Directors  to  adopt  and 
enforce  a  code  of  specific  rules  and  regulations  for  the  govern- 
ment and  discipline  of  their  schools. 

The  patrons  of  the  school  are  bound,  not  only  by  the  express 
provisions  of  law,  but  also  by  the  nature  of  the  implied  compact 
between  che  parties,  and  by  the  obligations  of  moral  justice  lis 
well  as  necessity,  to  acquiesce  in  and  support  the  government  of 
the  Directors. 

In  respect  to  details  it  is  hardly  practicable  to  lay  down  any 
precise  rules  which  would  be  of  universal  application.  But  every 
school-government,  to  be  efficient,  must  be  strong  and  decisive,' 
the  law  wisely  makes  it  so ;  the  necessities  of  the  case  demand 
that  it  shall  be  so. 

That  Directors  have  the  right  and  power  to  prohibit  pupils 
leaving  school  during  school-hours,  for  any  cause  whatever,  except 
sickness,  or  some  urgent  necessity,  there  can  be  no  doubt  at  all. 
To  this  extent,  at  least,  the  powers  of  Directoi'S  rest  upon  the 
ground  of  clear  and  unquestionable  legal  right. 

What  jurisdiction  and  control,  if  any,  the  Directors  and 
Teacher  may  exercise  over  the  pupils  beyond  this  point,  it  is  not 
so  easy  to  determine.  We  here  pass  the  boundary  of  clear  and 
well  defined  authority,  and  enter  the  domain  of  comparative  im- 
certainty  and  doubt,  where  usage,  circumstances,  and  expediency, 
must  be  our  guide. 

If  the  Teacher  insist  upon  uniformly  thorough  and  excellent 
recitations,  according  to  the  several  abilities  of  the  scholars,  which 
it  is  undoubtedly  his  right  and  duty  to  do,  then,  whatever  hinders 
or  prevents  the  attainment  of  the  required  standard  of  excellence, 
must  of  necessity  be  dispensed  with ;  and  thus  an  evil  mny  be 
reached  indirectly  which  can   not  be   directly  proscribed.     A 


182  ,  SCHOOL   DIRECTORS. 

Teacher  can  not  say  to  a  scholar  that  he  shall  not,  out  of  school- 
hours,  go  a  huntmg,  or  fishing ;  that  he  shall  not  attend  picnic, 
dancing,  or  other  parties ;  but  he  ccoi  say  that  every  lesson 
and  exercise  of  the  school  shall  be  promptly  and  faith- 
fully learned.  If  the  scholar  can  comply  with  this  demand 
and  still  have  leisure  for  those  pastimes,  he  has  a  perfect  right  to 
indulge  in  them,  so  far  as  the  Teacher  and  Directors  are  con- 
cerned. If  he  can  not  do  both,  the  alernative  is  before  him  ;  the 
school  authorities  can  not  relax  or  relinquish  their  legitimate 
demands. — Batetnan. 

The  School  Law  confers  the  right  to  attend  public  schools 
only  upon  persons  over  five  and  under  twenty-one  years  of  age. 
Nevertheless,  Directors  in  the  exercise  of  a  prudent  discretion 
may  admit  persons  over  twenty-one.  Such  persons  should  be 
charged  a  fee  for  tuition,  and  their  attendance  should  be  regis- 
tered in  a  separate  schedule. 

Those  only  who  are  over  five  and  under  twenty-one  years  of 
age  have  a  legal  claim  to  the  privileges  of  the  public  schools.  But 
Directors  have,  in  my  estimation,  some  discretion  in  the  premises. 
They  cannot  refuse  any  whose  ages  are  within  the  prescribed 
limits,  but  they  may  in  special  cases,  and  when  the  interests  of 
the  school  will  not  in  any  manner  be  compromised  thereby,  receive 
persons  over  twenty-one,  either  residents  or  non-residents.  The 
persons  so  received  should  be  charged  a  reasonable  tuition  fee, 
and  their  attendance  noted  in  the  schedule  the  same  as  other 
scholars. — JBateman. 

Directors  have  the  right  to  order  what  branches  shall  be  taught, 
and  the  Teacher  has  no  option,  but  must  obey  the  rules  with 
reference  to  the  studies  to  be  taught  in  the  school  which  the 
Directors  prescribe. 

The  law  makes  the  Directors  the  sole  judges  of  what  the  inter- 
ests of  the  schools  in  their  district  require,  and  clothes  them  with 
full  authority  to  promote  and  protect  those  interests  in  every  just 
and  legal  manner.  The  proviso  of  the  50th  Section  authorizes  the 
teaching  of  a  foreign  language  in  our  public  schools,  and  it  is 
equally  clear  that  the  higher  mathematics  may  also  be  taught, 
wlien  the  Directors  think  proper  to  introduce  them.  But  the 
whole  subject  of  studies  and  text-books  is  left  to  the  discretion  of 
Directors,  who  alone  have  the  power  to  prescribe  what  branches 
shall  be  taught.  The  Teacher  must  conform  to  the  rules  and 
regulations  established  by  the  Directors ;  if  the  latter  direct  that 
algebra,  or  any  other  particular  subject,  shall  be  taught,  the 
former  must  teach  it — he  has  no  option  in  the  premises.  If  the 
teaching  of  that  or  any  other  branch  is  forbidden  by  the  Direct- 
ors, the  Teacher  must  be  governed  by  his  instructions. — Bateman. 


SCHOOL   DIRECTOBS.  183 

Directors  cannot  legally  unite  ^public  school  under  theii*  con- 
trol Avith  a  2)rivafe  school,  surrendering  their  right  to  manage  and 
supervise  the  interests  of  said  school  to  Trustees  of  a  seminary 
or  academy. 

No  such  compromise  [between  Directors  and  the  Trustees  of  a 
private  school]  can  be  legally  entered  into.  It  is  a  fundamental 
requirement  of  the  School  Law  that  all  schools  established  under 
it  shall  be  subject  to  the  exclusive  direction  and  control  of  a 
regularly  elected  Board  of  School  Directors,  and  be  perfectly  free 
for  at  least  six  months  in  the  year  to  all  the  children  of  lawful 
school  age  in  the  district. — JBateman. 

Directors  may  dismiss  a  Teacher,  if  they  judge  him  incom- 
petent, although  he  may  possess  a  certificate  of  qualification  from 
the  School  Commissioner. 

A  legal  certificate  ought  always  to  be  conclusive  proof  of  com- 
petency, but  from  the  careless  and  superficial  manner  in  which 
examinations  are  often  conducted,  certiticates  are  frequently 
issued  to  persons  totally  unworthy  to  receive  them.  In  such 
cases,  if  the  Directors  have  a  higher  standard  of  competency  than 
the  Commissioner,  they  have  a  right  to  require  the  Teacher  to 
conform  to  that  standard,  and  in  default,  to  dismiss  him.  Each 
Board  of  Directors  may  determine  for  themselves  the  question  of 
competency,  so  far  as  their  own  school  is  concerned. — Bateman. 

In  dismissing  a  Teacher,  it  may  not  be  legally  required  of 
Directors  that  they  assign  the  cause  of  dismissal,  but  it  is  required 
by  every  just  and  moral  consideration  that  they  do  so. 

For  "  incompetency,  cruelty,  negligence  or  immorality,"  Di- 
rectors may,  at  any  time,  dismiss  a  teacher,  either  with  or  without 
assigning  reasons — with  or  without  specific  allegations  and  proof. 
But,  any  teacher  feeling  aggrieved  by  the  action  of  the  Directors, 
can  sue  them  for  his  wages,  and  other  damf^ges,  and  thus  compel 
them  to  show  cause  for  the  dismissal,  and  to  support  their  allega- 
tions by  adducing  adequate  proof — Bateman. 

A  CONTRACT  entered  into  with  a  Teacher  by  Directors  is  bind- 
ing upon  their  corporate  successors. 

Directors  can  employ  a  Teacher  for  a  year,  and  their  successors 
in  ofiice  would  be  bound  to  fulfill  such  a  contract  in  good  faith. — 
Powell. 

Directors  are  a  "  body  politic  and  corporate "  in  the  fullest 
sense  of  that  phrase ;  and  hence,  all  the  legal  acts  and  contracts 
of  one  Board  are  binding  upon  their  successors. — Bateman. 


184  SCHOOL   DIEECTOES. 

A  Director  cannot  be  employed  to  teach  a  school  by  the  Board 
of  which  he  is  a  member. 

A  Director  cannot  be  legally  employed  by  the  two  remaining 
Directors  as  Teacher.  The  Director  so  employed  would  mani- 
festly be  interested  in  a  contract  made  by  the  Board  of  which  he 
is  a  member. — Bateman. 

The  wife  of  a  Director,  or  a  son,  or  a  daughter  may  be  law- 
fully employed  to  teach  a  school  by  the  Board  to  which  such 
Director  belongs. 

The  point  has  been  raised,  whether  a  Board  of  Directors  may 
lawfuU}^  employ  the  xcife  of  one  of  their  number  as  Teacher;  whe- 
ther it  would  be  in  conflict  with  the  principle  that  "no  Director 
shall  be  interested  in  any  contract  made  by  the  Board  of  which 
he  is  a  mefnber."  One  of  the  Directors  would  certainly  be  inter- 
ested in  such  a  "  contract"  as  the  above,  but  not  in  the  sense  and 
manner  prohibited  by  statute.  There  is  no  legal  impediment 
whatever  in  the  way  of  such  a  transaction. — Bateman. 

Two  Directors  may  employ  the  son  of  a  third  as  Teacher.  The 
case  does  not  fall  within  the  prohibition  mentioned  in  the  last 
clause  of  the  42nd  section  of  the  Act. — Ibid. 

Directors  cannot,  in  their  corporate  name,  legally  borrow 
money  to  pay  the  salary  of  Teacher. 

The  law  makes  no  provision  for  borrowing  money  to  pay  Teach- 
ers. The  Directors  may  borrow  money  as  individuals,  but  not  as 
Directors,  to  pay  Teachers'  wages. — Powell. 

Ak  order  may  be  drawn  by  Directors  at  any  time  in  favor  of 
a  Teacher,  if  there  is  a  balance  of  unappropriated  money  in  the 
hands  of  the  Treasurer  belonging  to  the  district. 

Directors  may  draw  an  order  on  their  Treasurer  in  favor  of 
their  Teacher  at  any  time,  provided  there  is  a  balance  belonging 
to  their  District  in  the  hands  of  the  Treasurer ;  otherwise,  the 
Directors  cannot  draw  on  the  Treasurer,  nor  can  the  latter  pay 
over  any  money  to  the  Teacher  until  his  schedule  has  been  filed. 
— Bateman. 

In  case  Directors  are  sued  by  a 'Teacher  for  his  wages,  and 
the  latter  obtains  judgment,  the  district  in  which  the  school  was 
taught  is  alone  liable  for  the  amount.  The  following  decision 
applies  to  a  case  where  Teacher  sued  Directors  for  wages,  and 
obtained  judgment.  The  court  issued  a  inandamiis  against 
the    Trustees,    Treasurer,    and    Directors.      The    district    had 


SCHOOL   DIEECTOES.  185 

not  money  enough  on  hand  to  pay  the  judgment.  The  Trustees 
applied  to  the  Department  to  know  whether  the  judgment  must 
be  paid  out  of  township  moneys,  or  out  of  moneys  belonging  to 
the  district  exclusively : 

The  "  mandamus "  bears  primarily  upon  the  Directors.  If 
there  is  money  enough  in  the  hands  of  the  township  Treasurer, 
belonging  to  the  district,  to  satisfy  the  judgment,  the  Directors 
must  draw  an  order  on  him,  in  favor  of  the  Teacher,  for  the 
amount  of  the  judgment,  with  interest  and  costs,  and  the  Treas- 
urer must  propiptly  honor  the  order.  If  there  are  not  funds 
enough,  belonging  to  the  district,  then  the  Treasurer  must  pay 
the  judgment  from  t\\Q.  first  inoneys  accruing  to  said  district,  and 
the  Directors  must,  if  necessary,  levy  a  special  district  tax  to 
make  up  the  deficiency.  The  language  of  the  49^A  Section  is  not 
entirely  clear,  so  far  as  it  relates  to  the  obligations  of  Directors. 
But  it  cannot  be  supposed  that  a  judgment  against  a  single  dis- 
trict should  be  satisfied  out  of  funds  -nM  yet  apportio7ied  by  the 
Trustees  to  the  several  districts — such  as  interest  on  the  township 
fund,  &c.  To  do  this  would  be  to  cause  all  the  districts  in  the 
township  to  suffer  for  the  delinquency  of  one.  The  amount  of 
the  judgment  might  be  so  large  as,  (if  the  above  view  should  be 
adopted,)  utterly  to  derange  the  financial  condition  of  all  the  dis- 
tricts— rendering  it  impossible  for  any  one  of  them  to  meet  its 
current  obligations.  The  injustice  of  such  a  course  is  so  mani- 
fest, that  it  could  not  have  been  contemplated  by  the  Legislature. 
The  consequences  of  debts  and  judgments  should  be  restricted, 
as  far  as  possible,  to  the  individual  district  or  districts  incurring 
them.  — Bateman. 

Directors  must  certify  all  schedules  of  schools  taught  in  their 
district,  whether  they  be  regidar  or  separate  schedules,  and  file 
the  same  with  the  township  Treasurer  at  least  two  days  before 
the  semi-annual  meeting  of  the  Board  of  Trustees. 

The  Directors  of  the  district  in  which  the  school  is  taught  cer- 
tify to  all  the  schedules.  They  alone  are  supposed  to  know  that 
the  schedules  are  correct. — Powell. 

It  is  the  duty  of  the  Directors  to  carefully  examine  the  sched- 
ule, correct  all  errors,  certify  to  its  correctness,  sign  the  certificate 
by  at  least  two  of  their  number,  and  file  it  with  the  township 
Treasurer.  If  the  Directors  fail  to  make  the  necessary  correc- 
tions, or  to  propei'ly  certify  and  sign  it,  or  to  return  it  in  good 
season  to  the  Treasurer,  so  that  the  schedule  is  forfeited  or  re- 
jected through  their  neglect,  they  are  personally  liable  for  the 
loss  sustained  through  such  failure  or  neglect.  I  know  it  is  cus- 
tomary for  the  Teacher  to  return  the  schedule  to  the  Treasurer ; 


186  SCHOOL   DIEECTOES. 

but  the  duty  and  responsibility  are  devolved  by  law  upon  the 
Directors. 

DiEECTORS  cannot  certify  to  a  schedule  which  reaches  back 
more  than  six  months  from  the  time  appointed  for  the  return  of 
such  schedule  to  the  township  Treasurer. 

In  case  Directors  fail  to  certify  to  a  schedule  legally  kept,  in 
time  for  it  to  be  apportioned  on,  or  neglect  to  file  it  with  the 
township  Treasurer  as  required  by  Law,  they  are  personally  liable 
for  the  loss  sustained,  and  damages  may  be  collected  by  the 
Teacher  at  law. 

It  is  not  lawful  for  Directors  to  order  and  receive  moneys 
raised  as  district  tax  directly  from  the  collector  of  said  tax.  The 
moneys  so  raised  can  only  reach  the  Directors  legally  through 
the  hands  of  the  township  Treasurer,  who  is  the  only  responsible 
keeper  of  school  funds. 

The  township  Treasurer  is  the  only  lawful  and  responsible  cus- 
todian of  all  school  funds  belonging  to  the  township.  No  money 
can  legally  reach  the  Directors  or  their  creditors,  through  any 
other  channel  than  the  townshij)  Treasurer.  He  is  the  only  town- 
ship school  ofiicer  who  is  under  penal  bonds  for  the  safe  keeping 
of  the  funds.  The  practice,  therefore,  which  has  grown  up  in 
many  parts  of  the  State,  of  presenting  orders  for  district  tax 
money,  to  the  town  or  county  collector,  and  drawing  paj-ment 
thereon,  before  the  money  has  passed  into  the  hands  of  the  town- 
ship Treasurer,  is  in  direct  and  palpable  conflict  with  both  the 
spirit  and  letter  of  the  law,  as  expressed  in  Sections  34,  40  and 
45,  of  the  Act  of  1859,  and  should  be  at  once  discontinued.  The 
practice  is  a  manifest  infringement  of  the  oflicial  rights  and  duties 
of  the  township  Treasurer — is  often  grossly  unjust  to  a  portion  of 
the  districts  in  the  township,  and  is  fraught  with  imminent  danger 
to  the  safety  of  the  funds. — Bateman. 

DiRECTOES  cannot  be  compelled  to  pay  Teachers'  wages  until 
after  the  township  apportionment  next  folloAving  the  presentation 
of  schedule.  The  following  decision  was  given  in  a  case  where 
a  Teacher,  having  engaged  to  teach  three  months,  taught  but 
about  one-half  the  time  stipulated  for,  having  been  dismissed  by 
the  Directors.  The  Teacher  waited  until  the  three  months  had 
expired,  and  then  brought  suit  against  the  Directors  for  his 
wages  for  the  whole  time  he  had  engaged  to  teach.  The  Court 
decided  that,  "  the  contracts  of  Directors  with  Teachers  are  under- 
stood to  be  credit  contracts,  and  Teachers  cannot  sue  for  their 


SCHOOL   DIRECTORS.  187 

wages  until  after  apportiqnment."     The  decision  of  the  Depart- 
ment is  thus  given  : 

The  Directors,  one  of  the  parties  to  the  above  contract,  are  offi- 
cers whose  i^owers,  rights  and  duties  are  prescribed  by  law.  Twice 
a  year  only,  namely,  the  first  of  April  and  October,  the  Directors 
receive  school  funds.  Their  obligation  to  pay,  being  corporate, 
not  personal,  they  could  not  be  compelled  to  pay  the  Teacher  out 
of  their  private  funds,  but  only  out  of  the  school  funds.  .  If  then, 
it  should  be  held,  that  the  Directors  are  liable  to  pay  prior  to 
April  or  October,  it  would  follow,  that  they  are  required  by  law 
to  #pay  money  before  the  law  itself  enables  them  to  do  so,  by 
jDlacing  that  money  at  their  disposal — a  conclusion,  the  unreason- 
ableness of  which  is  self-evident.  The  law  cannot  require  an 
impossibility.  The  decision  of  the  court  was  a  legitimate  deduc- 
tion from  the  34iA  Section  of  the  present  Act.  The  moment  the 
52nd,  53d  and  54th  /Sectio7is  of  the  Law  have  been  complied 
with  by  the  Teacher,  the  Directors  may  give  him  an  order  on  the 
Treasurer ;  but  no  court  could  compel  its  payment  until  after  the 
first  Monday  in  April  or  October. — JSateman. 

School  moneys  in  the  hands  of  a  township  Treasurer,  belong- 
ing to  a  district  can  only  be  paid  out  on  the  order  of  the  Direct- 
ors of  said  district. 

All  school  moneys,  without  distinction,  that  are  or  may  be  in 
the  hands  of  any  township  Treasurer  to  the  credit  of  a  particular 
school  district,  shall  be  paid  out  only  on  the  order  of  the  Direct- 
ors of  said  district.  This  applies  equally  to  all  school  funds, 
state,  county,  township,  special  district  taxes,  proceeds  of  sales 
of  district  property,  etc. 
I 

Orders  drawn  by  Directors  for  the  payment  of  money  in  the 
hands  of  the  Treasurer  and  belonging  to  the  district,  must  specify 
the  use  to  which  the  money  is  to  be  applied,  and  must  be  signed 
by  at  least  two  members  of  the  Board. 

All  orders  must  state  the  specific  purpose  or  indebtedness  for 
which  they  are  drawn,  otherwise  they  will  not  be  legal,  and  all 
orders,  to  be  legal,  must  be  signed  by  a  ma,]ority  of  the  Board 
of  Directors,  or  by  the  president  and  clerk  of  said  board. — 
£ateman. 

Special  district  tax  moneys  are  under  the  exclusive  control  of 
the  Directors  ©f  the  district  to  which  such  moneys  belong,  and 
can  only  be  paid  out  on  the  order  of  said  Directors; — Trus- 
tees having  nothinsr  whatever  to  do  with  such  funds. 


188  SCHOOL   DIRECTORS. 

Directors  are  not  personally  liable  for  the  consequences  of 
their  corporate  acts,  performed  under  the  Law.  But  for  acts 
performed  without  warrant  of  law,  they  are  personally  liable. 

Directors  may  be  sued  as  Directors — not  as  individuals.  Their 
private  property  cannot  be  taken  in  satisfaction  of  any  judgment 
obtained  against  them  in  their  official  character  as  Directors. — 
J3ateman. 

The  liability  of  Directors  for  all  debts  legally  contracted  by 
them  as  such,  is  a  corporate,  not  a  personal,  liability.  They  can 
be  proceeded  against  for  the  recovery  of  all  just  claims,  as  Direct- 
ors, not  as  mdividuals.  Teachers  and  others  are  often  non-suited 
in  actions  of  debt  against  Directors,  for  failing  to  observe  this 
distinction  in  the  form  of  proceedings.  No  claims  are  surer  of 
being  ultimately  paid  than  those  legally  held  against  Boards  of 
Directors ;  for,  to  the  liquidation  of  such  debts,  the  whole  taxable 
property  of  the  district  is  pledged,  and  sooner  or  later  the  amount 
must  and  will  be  made,  by  taxation  or  otherwise.  The  Act  \^Sec. 
49]  expressly  authorizes  the  court  where  judgment  against  any 
Board  of  Directors  is  obtained  to  enforce  payment  by  attachment 
or  mandanms,  compelling  said  Board  to  levy  a  tax,  if  necessary, 
to  pay  the  amount  of  said  judgment,  with  interest  and  costs. 
But  it  must  be  remembered  that  the  property  of  Dkectors  as 
individuals,  is  not  liable  for  such  debts. 

The  foregoing  remarks  do  not  apply,  of  course,  in  case  of  mal- 
feasance, or  neglect  of  official  duty,  on  the  part  of  Directors.  For 
losses  caused  by  illegal  acts,  or  through  failure  to  pei-form  duties 
enjoined  by  law.  Directors  are  personally  liable  ;  because  in  such 
cases  their  relation  to  the  district  is  changed;  it  ceases  to  be  of  a 
legally  representative  character,  and  hence,  their  acts  not  having 
the  sanction  of  law,  they  and  their  property,  and  not  the  district 
and  its  property,  must  be  held  answeralfte  for  the  consequences. 
The  district  is  responsible  for  contracts  made  or  debts  incurred 
under  the  law,  and  for  no  others. — JBateman. 

Where  a  notice  of  an  election,  [a^s  for  Directors,  and  to  locate 
a  school  house  site,]  for  a  school  district  specifies  several  pur- 
poses, in  such  a  way  as  to  leave  no  doubt  of  its  meaning,  it  is  held 
to  be  a  sufficient  notice,  although  there  may  be  some  unimportant 
omission  in  the  body  thereof. 

"Where  it  appears  that  a  site  for  a  school  house  has  been 
chosen,  it  will  not  be  invalidated  because  the  clerk  has  made  irreg- 
ularities or  omissions  in  describing  the  site  selected. 

The  omission  to  tax  some  property  [for  the  building  of  a  school 
house]  in  a  school  district  will  not  vitiate  the  tax. 


SCHOOL   DIRECTORS.  189 

Equity  will  not  restrain  the  collection  of  a  tax  levied  [for  the 
building  of  a  school  house]  by  officers  dejure  or  de  facto,  because 
of  irregularities  in  their  levy  and  collection. 

The  principles  above  stated  have  been  determined  by  the  Su- 
preme Court,  in  the  case  of  Stejyhen  Merrltt  et  al,  vs.  John   G. 
Farris  et  al,  reported  in  vol.  xxii  111.  Rep.,  p.  303.     This  case 
was  apjciealed  to  the  Supreme  Court  from  the  Circuit  Court  of 
Marshall   county,   by    Stephen   Marshall  et   al,    the   appellants 
having  filed  a  bill  in  chancery  as  complainants  in  the  court  below, 
to  enjoin  the  collection  of  a  school  tax  levied  by  John  G.  Farris 
et  al,  School  Directors  of  district  No.  10,  in  township  13  north, 
of  range  9  east,  in  Marshall  county.     Complainants  alleged  in 
the  court  below  that  no  election  was  ever  held  in  said  district  No. 
10,  for  the  purpose  of  selecting  a  school  house  site,  or  for  building 
a  school  house,  no  notice  for  such  an  election  ever  having  been 
given  or  posted  up ;  that  there  were  several  persons,  residents  of 
the  district,  owning  taxable  property,  upon   which  no  tax  had 
been  levied  for  school  purposes ;    that  the  site  upon  which  the 
school  house  was  erected  was  not  particularly  described  by  the 
clerk  of  the  election,  in  his  record;    and  that  the  tax  was  not 
levied  and  collected  by  officers  of  the  district,  but  of  the  town- 
ship.    The  injunction  was  granted,   and  at  the   same  term  the 
respon  lents  filed  their  answer  and  affidavits  in  its   support,  and 
moved  the  court  to  dissolve  the  injunction,  which  was  done  and 
the  bill  dismissed.     Complainants  then  appealed,  alleging  the  fol- 
lowing errors :     1.  The  court  erred  in  dissolving  the  injunction, 
and  dismissing  the  bill ;  2.  The  court  erred  in  not  making  said 
injunction  perpetual.     The  following  is  taken  from  the  opinion 
of  the  Supreme  Court : 

The  complainants,  by  their  bill,  seek  to  enjoin  the  collection  of 
a  district  school  tax,  because  of  alleged  irregularities  in  its  levy. 
The  first  objection  urged  is,  that  the  notice  calling  the  election 
is  not  sufficiently  specific  as  to  the  purposes  of  the  election.  It 
specifies  the  objects  to  be, /or  the  purpose  "of  electing  three 
Directors,  for  selecting  a  school  house  site  for  a  school  house  for 
said  district."  The  notice  clearly  specifies  the  first  object  to  be 
the  election  of  three  directors,  and  another  object,  clearly  indi- 
cated by  the  Inst  clause,  was  for  the  selection  of  a  site  by  the 
voters,  upon  which  to  erect  a  school  house.  It  is  true  that  the 
person  drafting  the  notice  omitted  the  copulative  conjunction. 
"  and,"  after  the  word  "  Directors,"  and  before  the  words  "  for 
selecting,"  but  we  cannot  see  that  there  is  any  doubt  in  its  mean- 


190  SCHOOL   DIEECTORS. 

ing,  and  it  would  have  been  no  plainer  if  the  omission  had  not 
occurred. 

It  was  likewise  insisted,  that  the  site  for  the  school  house  was 
not  selected  by  the  voters  of  the  district.  The  answer  and  evi- 
dence shows  that  a  site  was  chosen  by  a  majority  of  the  voters, 
but  the  clerk  of  the  election  did  not  describe  it  by  metes  and 
bounds,  but  only  by  general  reference.  The  answer  and  affidavits 
also  show  that  the  site  thus  selected  has  been  conveye^l  to  the 
district,  by  the  jDcrson  who  owned  it  at  the  time  it  was  selected. 
This  being  the  case,  no  objection  is  perceived  to  the  levy  of  the 
tax  for  tlie  reason  urged.  It  is  not  believed  that  it  is  material  to 
the  validity  of  the  selection,  that  the  clerk  of  the  election  should 
describe  the  place  chosen  with  precision,  in  entering  upon  his 
records  the  fact  that  the  voters  made  choice  of  a  site.  His  record 
in  no  way  altei'S  or  controls  the  fact  of  the  site  having  been 
selected.  It  is  a  fact  that  he  has  no  power  to  alter  or  control. 
And  when  the  selection  has  been  made,  and  the  disti'ict  has 
obtained  the  title  to  the  property  chosen,  the  object  of  the  law 
has  been  attained,  and  trifling  and  unimportant  matters  of  form 
should  not  be  permitted  to  defeat  the  purpose  of  the  law. 

It  was  also  insisted  that  a  portion  of  the  persons  in  the  district 
liable  to  taxation,  as  well  as  a  portion  of  the  taxable  property  in 
the  district,  were  not  assessed,  and  that  the  tax  was  thereby  ren- 
dered void,  as  being  in  violation  of  the  5th  section  of  the  9th 
article  of  the  State  constitution.  That  provision  is  this :  "  The 
corporate  authorities  of  counties,  townships,  school  districts,  cities, 
towns,  and  villages,  may  be  vested  with  power  to  assess  and 
collect  taxes  for  corporate  purposes  ;  such  taxes  to  be  uniform  in 
respect  to  persons  and  property  within  the  jurisdiction  of  the 
body  imposing  the  same."  It  is  first  urged  that  this  levy  is  not 
warranted  by  the  constitution,  because  it  is  not  uniform  as  to 
persons  and  property,  within  the  jurisdiction  of  the  corporate 
body  imposing  the  tax.  The  constitution,  in  its  application  to 
the  various  departments  of  the  government  and  to  individual 
rights,  must  receive  such  a  construction  as  to  give  it  a  practical 
operation.  It  must  be  so  applied  as  to  promote  and  efiect  the 
objects  of  its  adoption,  and  not  to  defeat  the  end  for  which  it  was 
established.  Equality  is  provided  for,  both  as  to  persons  and 
property,  in  the  levy  and  collection  of  all  taxes  by  the  constitu- 
tion, whether  for  State  or  other  purposes.  And  to  hold  that  the 
omission  to  assess  an  individual,  or  to  assess  property  liable  to 
taxation  under  the  revenue  laws,  will  render  the  whole  tax  levied 
under  that  assessment,  to  the  extent  of  the  revenue  of  which  it 
forms  a  part,  to  be  void,  instead  of  accomplishing  the  object  of 
the  constitution,  would  only  render  its  provisions  authorizing  the 
collection  of  revenue  inoperative.  If  the  omission  to  assess  an 
individual,  or  to  assess  property  liable  to  assessment,  would  ren- 
der the  whole  district  school  tax  void,  it  would  for  the  same  rea- 


SCHOOL   DIRECTORS.  191 

son  render  the  whole  township,  county  and  State  levies  equally 
so,  when  made  by  the  same  officer  assessing  for  each  of  them. 
These  taxes  are  all  levied  on  the  assessment  made  by  the  town- 
ship or  county  assessors.  And  if  his  omission  to  assess  property 
destroys  the  equality  of  the  entire  tax  of  the  district,  it  has  the 
same  effect  upon  the  State,  county,  and  township  tax,  as  the 
omitted  property  is  liable  to  be  assessed  for  all  of  these  purposes, 
and  its  omission  increases  the  burthen  of  other  tax-payers  to 
the  extent  of  the  amount  it  would  have  yielded.  The  framers  of 
the  constitution  could  not  have  designed  that  such  an  omission 
should  avoid  the  tax  levied  upon  the  property  which  is  regularly 
assessed.  They  intended  to  require,  and  did  require,  that  the 
law  should  provide  for  a  uniform  mode  of  assessment  and  collec- 
tion, which  would  not  sanction  exemptions  from  the  burthens  of 
taxation,  and  they  imposed  the  duty  upon  the  officers  acting  under 
the  revenue  laws,  of  executing  them  fairly  and  impartially,  but  it 
never  could  have  been  intended  that  their  omissions  should  render 
the  whole  tax  void,  and  to  suspend  the  collection  of  the  revenue. 
If  an  officer  wilfully  and  corruptly,  or  from  gross  negligence, 
were  to  make  such  omissions,  he  would  doubtless  be  liable  to 
make  compensation  in  damages  to  those  suffering  injury. 

It  was  also  m-ged,  that  this  tax  was  not  levied  and  collected  by 
the  school  district,  as  contemplated  by  this  provision  of  the  con- 
stitution, as  the  assessment  Avas  made  by  the  township  assessor, 
and  collected  by  the  township  collector,  but  it  could  only  be 
assessed  and  collected  by  the  officers  of  the  district.  The  law 
authorizes  the  Directors  to  adopt  the  general  assessment  for  pur- 
poses of  taxation,  and  upon  it  to  make  their  levy,  and  when  made 
it  is  collected  and  paid  over  to  them.  The  various  officers  con- 
cerned in  the  collection  of  the  district  school  tax  are,  for  the  pur- 
poses of  that  tax,  xmder  the  law  as  fully  district  officers  as  if  they 
were  elected  for  the  purpose  by  the  voters  of  the  district.  And  the 
mode  adopted  for  the  assessment  and  collection  of  this  tax  leaves  it 
entirely  under  the  control  of  the  district,  and  Avhen  it  is  done,  the 
assessment  and  collection  of  the  tax  is  virtually  made  by  the  district. 

This  court,  in  the  case  of  Munson  vs.  Minor,  and  in  the  case 
of  Chicago,  Burlington  and  Quincy  R.  R.  Go.  vs.  Frary,  held 
that  equity  will  not  restrain  a  tax  levied  by  officers  cither  cle  jure 
or  de  facto,  where  the  power  to  levy  a  tax  is  an  incident  to  their 
office,  and  that  mere  irregularities  and  informalities  in  its  levy 
and  collection  will  not  be  enquired  into  by  a  court  of  equity,  but 
that  the  parties  supposing  themselves  aggrieved  will  be  left  to 
seek  their  remedy  at  law.  In  this  case  we  find  these  defendants 
acting  as  Directors,  and  the  law  liaving  conferred  upon  them  the 
power  to  levy  this  tax,  even  if  the  objections  had  as  a  matter  of 
fact  been  well  founded,  we  could  not  hold  that  a  court  of  equity 
has  the  power  to  grant  relief 

The  decree  of  the  Circuit  Court  must  be  affirmed. 


192  TEACHERS. 


TEACHERS. 

It  is  required  of  Teachers  who  apply  to  teach  a  district 
school,  that  they  exhibit  to  the  Directors,  before  their  employment 
by  the  Board,  a  certificate  of  qualification  obtained  from  the 
School  Commissioner  of  the  county  in  which  they  propose  to 
teach.  Failing  to  comply  with  this  plain  requirement  of  the  Law, 
Teachers  are  not  legally  entitled  to  any  portion  of  the  public 
moneys,  as  compensation  for  their  services.  Decisions  upon  this 
subject  from  the  Department  and  the  Supreme  Court  are  sub- 
joined: 

The  provisions  of  the  statute  in  relation  to  Teachers'  certi- 
ficates are  found  in  section  52,  which  is  as  follows: 

"  No  Teacher  shall  be  entitled  to  any  portion  of  the  common 
school  or  township  fund,  or  other  public  fund,  or  be  employed  to 
teach  any  school  under  the  control  of  any  Board  of  Directors  of 
any  school  district  in  this  State,  who  shall  not,  before  his  employ- 
ment, exhibit  to  said  Board,  or  to  a  committee  of  said  Board,  a 
certificate  of  qualification  obtained  under  the  jDrovisions  of  this 
act ;  nor  shall  any  Teacher  be  paid  any  portion  of  the  school  or 
public  fund  aforesaid,  unless  he  shall  have  kept  and  furnished 
schedules  as  herein  directed." 

This  language  is  clear,  explicit,  and  peremptory.  It  forbids 
any  Board  of  Directors  to  employ  a  Teacher  until  he  exhibits  his 
certificate.  A  school  taught  by  a  person  who  has  not  the  proper 
certificate,  is  not  "  conducted  according  to  law" — is  not  a  public 
school  within  the  meaning  of  the  Act.  The  school  law,  one  of 
its  essential  requirements  not  having  been  complied  with,  does 
not  recognize  such  a  school.  The  school  funds  cannot  be  used 
for  the  support  of  the  school  in  such  a  case.  The  Teacher  nnist 
look  elsewhere  for  his  wages.  He  has  no  recourse  upon  the 
school  fund.  As  to  the  question  of  the  personal  liability  of  the 
Directors  in  such  cases,  there  is  a  diflerence  of  opinion  among 
legal  men.  I  do  not  undertake  to  decide  it.  Teachers  should 
not  rely  upon  recovery  in  that  way. 

But  the  section  quoted  goes  further.  It  not  only  forbids  the 
ertiployment  of  Teachers  who  have  not  valid  certificates  at  the 
time  of  being  so  employed,  but  peremptorily  forbids  X^q  payment 
of  Teachers  so  employed  out  of  "  the  common  school  or  town- 
ship, or  other  public  fund."     Should  a  Teacher  be  permitted  to 


TEACHERS.  198 

close  his  schedule  without  complying  with  the  provision  of  law 
under  review,  it  is  manifest  that  the  Directors  cannot  certify 
said  schedule  in  the  prescribed  form ;  for  the  law  requires  them 
(Sec.  53)  to  declare,  in  express  terms,  that  the  "Teacher  has  a 
legal  certificate  of  good  moral  character  and  of  qualifications  to 
teach  a  common  school,"  and  that  the  school  "  was  conducted 
according  to  law."  No  schedule  is  legal  or  valid,  nor  can  a 
township  Treasurer  accept  or  in  any  manner  recognize  or  pay  a 
schedule,  in  which  the  above  facts  are  not  expressly  set  forth  in 
the  certificate  of  the  Directors.  But  how  can  the  Directors  affirm 
that  the  Teacher  has  a  certificate,  when  they  either  do  not  know 
that  he  has,  ov  do  Jcnoio  that  he  has??oi.^  Or,  how  can  they 
assert  that  the  school  was  "  conducted  according  to  law,"  when 
they  know  that  unless  the  Teacher  has  a  legal  certificate  his 
school  cannot  be  conducted  according  to  law? 

But  if  the  Directors  should,  either  in  ignorance  or  in  deliberate 
violation  of  the  law  and  of  truth,  venture  to  certify  the  schedule, 
in  the  case  supposed,  it  would,  nevertheless,  be  the  duty  of  the 
Treasurer  to  refuse  payment,  provided  he  was  formally  and  offi- 
cially apprised  of  the  facts  in  the  case.  For,  although  a  Treas- 
urer can  not,  as  a  general  rule,  go  behind  the  schedule  and  chal- 
lenge the  truth  of  the  Director's  certificate,  yet  he  is  bound  to  do 
so  in  case  of  such  manifest  disregard  or  violation  of  law  as  the 
one  under  consideration ;  provided,  as  before  said,  that  he  has 
positive  and  official  information  on  the  subject. 

The  usual  apology  offered  by  Directors  and  Teachers  in  exten- 
nation  of  the  conduct  complained  of  is  ignorance  of  the  law,  or 
unintentional  neglect.  But  it  is  manifest  that  neither  of  these 
2)leas  can  be  entertained  for  a  moment  in  justification  of  the 
infraction  of  so  express  and  mandatory  a  provision  of  law  as  that 
contained  in  the  5 2d  section  of  the  Act.  In  respect  to  \kiQ  former, 
it  may  be  said  that  even  if  we  should  waive  the  legal  maxim  that 
every  citizen  is  presumed  to  Jcnoio  the  lav^,  it  would  remain  as  a 
bar  to  the  plea,  that  the  section  of  law  in  question  has  not  been 
changed  in  word  or  letter  since  the  foundation  of  our  present 
system  of  public  instruction.  The  plea  of  neglect  is  worse  than 
none  at  all.  It  is  simply  a  confession  tliat  the  law  was  violated 
willfully  and  without  excuse,  without  even  the  pretence  of  igno- 
rance.    But  such  pretexts  are  too  frivolous  for  serious  argument. 

In  all  cases,  therefore,  embraced  in  the  inquiries  to  which  these 
remarks  are  intended  as  a  re]>ly,  it  will  be  proper  for  the  School 
Commissioner  to  notify  the  Treasurer  concerned,  in  writing,  not 
to  pay  any  portion  of  the  school  fund  upon  schedules  of  schools 
taught  by  persons  not  having  legal  certificates.  Said  notices 
should  specify  particularly  the  township,  district  and  Teacher 
referred  to,  and  the  length  of  time  during  which  the  Teacher 
taught  without  a  certificate  ;  the  penal  forfeiture  applying,  of 
coiu-se,  only  to  such  period  of  time.  In  like  manner  the  School 
13 


194  TEACHERS. 

Commissioner  should  apprise  the  Directors  and  Teachers  con- 
cerned, of  their  action  in  the  premises,  and  assure  them  that  the 
forfeiture  will  cease  as  soon  as  the  provisions  of  the  law  are  com- 
plied with. — Jjciteman. 

The  case  following,  which  was  decided  by  the  Supreme  Court, 
and  is  reported  in  vol.  xv,  111.  Rep.,  p.  65,  establishes  the  main 
doctrine  as  held  in  the  foregoing  decision  of  the  Department. 
The  facts  in  this  case  were,  simply,  that  the  Teacher  of  a  district 
school  in  Jefferson  county,  sued  the  Directors  who  employed  her 
for  the  recovery  of  wages  claimed  for  services  rendered.  The 
Teacher  had  entered  into  written  contract  with  the  inhabitants  of 
the  district ;  had  taught  the  school  for  the  term  and  in  the  manner 
required  by  the  contract;  had  kept  a  schedule,  as  required  by 
law;  and  had  delivered  said  schedule  to  the  Directors  in  due 
time,  who  refused  to  examine  and  certify  it.  The  case  was 
decided  in  the  Circuit  Court  against  the  Teacher,  and  being 
appealed  to  the  Supreme  Court,  the  judgment  was  affirmed.  The 
opinion  of  the  Court  here  follows  : 

This  was  an  action  on  the  case,  brought  by  Casey  against  the 
Dii'ectors  of  a  school  district.  The  declaration  alleged  that  the 
jDlaintiff"  entered  into  a  written  contract  with  the  inhabitants  of 
the  district,  to  teach  a  common  school  for  one  quarter,  and  to 
receive  in  payment  the  school  funds  belonging  to  the  district; 
that  "the  plaintiff  being  then  and  there  legally  qualified  to  teach^ 
said  school,  and  no  objection  being  made  thereto,  in  writing  or 
otherwise,  by  the  Directors  of  said  district,  or  by  the  subscribers 
to  the  contract  as  aforesaid,  of  which  they,  the  said  defendants, 
being  then  and  there  the  School  Directors  of  said  district,  had 
notice;"  that  the  plaintiff  taught  the  school  according  to  the 
terms  of  the  contract,  and  the  provisions  of  the  statute  in  such 
case  made  and  provided  ;  that  at  the  exj^iration  of  the  quarter 
she  made  out  a  schedule,  for  the  purpose  of  receiving  the  school 
funds  belonging  to  the  district,  and  presented  the  same  to  the 
defendants  to  be  examined  and  certified  by  them ;  that  there  was 
then  on  hand  a  sum  of  money  belonging  to  the  district  sufficient 
to  discharge  the  amount  due  her  for  teaching  the  school ; 
and  that  the  defendants  wholly  refused  to  examine  and  certify 
the  schedule.  The  Court  sustained  a  demurrer  to  the  declara- 
tion. 

The  13th  and  46th  sections  of  the  "  Act  to  establish  and  main- 
tain Common  Schools,"  passed  on  the  12th  of  February,  1849, 
define  the  qualifications  of  Teachers,  and  prescribe  the  manner  in 
which  those  qualifications  sliall    be  ascertained  ;    and  the  YGth 


TEACHERS.  196 

section*  provides,  that  "  no  Teacher  shall  be  entitled  to  any  por- 
tion of  the  common  school  or  township  fund,  who  shall  not,  before 
his  employment,  exhibit  to  the  school  directors  of  the  district  in 
whieli  he  proposes  to  teach,  a  certificate  of  qualification  obtained 
nnder  the  provisions  of  section  13  or  section  4G  hereof"  To 
entitle  himself  to  any  portion  of  the  school  funds,  a  Teacher  must 
obtaih  the  requisite  certificate  of  qualification.  And  the  certifi- 
cate must  be  presented  to  the  school  Directors  before  the  com- 
mencement of  the  school.  This  is  the  express  requirement  of 
the  statute.  The  Directors  are  not  bomid  to  examine  and  certify 
the  schedule  of  a  Teacher  who  fails  to  comply  with  this  requisi- 
tion. Such  Teacher  must  look  exclusively  to  the  subscribers  for 
compensation.  In  this  case  the  declaration  is  clearly  defective. 
It  fails  to  show  that  the  Directors  are  guilty  of  any  breach  of 
duty.  It  contains  no  averment  that  the  plaintift' procured  a  certi- 
ficate of  qualification  and  exhibited  it  to  the  Directors  prior  to 
the  commencement  of  the  school.  This  requirement  of  the 
statute  is  a  condition  precedent,  and  its  performance  ought  to  be 
distinctly  alleged  in  the  declaration.  The  general  allegation  that 
the  plaintiS"  was  legally  qualified  to  teach  the  school,  is  not  suffi- 
cient.    The  judgment  is  affirmed. 

The  following  quotations  are  ma^e  from  the  decision  of  the 
Supreme  Court,  in  case  of  Smith  vs.  Cxirry  et  al.,  involving  the 
same  principle,  and  reported  in  16  111.,  p.  147.  The  facts  in  this 
case  are  very  similar  to  those  in  the  case  preceding.  The  Teacher 
(Martha  Smith)  had  taught  a  school  in  Brown  county  from  the 
9th  to  27th  of  Sejitember,  1852  ;  was  in  possession  of  a  certificate 
of  qualification  from  the  School  Commissioner  of  said  county; 
kept  a  schedule  according  to  law,  and  on  the  28th  of  September, 
1852,  presented  it  to  the  Directors  of  the  district  in  which  said 
school  had  been  taught ;  but  the  Directors  refused  to  certify  and 
sign  the  said  schedule.  Suit  was  brought  by  the  Teacher  against 
said  Directors  in  the  Circuit  Court  of  Brown  county,  and  the 
case  was  tried  before  a  jury,  the  verdict  being  found  for  the  plain- 
tiff. Motion  was  made  by  defendants  for  arrest  of  judgment, 
which  motion  was  sustained  by  the  court,  and  judgment  rendered 
in  favor  of  defendants  for  costs.  The  case  was  brought  on  appeal 
to  the  Supreme  Court,  and  the  judgment  of  the  court  below  sus- 
taining the  motion  for  arrest  of  judgment,  was  affirmed.  In  their 
opinion,  the  court  say : 

*  It  was  the  15th  Section  of  the  Law  of  1849,  and  not  the  iGth,  that  con- 
tained this  provision.  Tlie  same  provision,  suhstantially  preserved,  is  found  in" 
Section  52  of  the  present  Law. 


196  TEACHERS. 

Section  76  of  the  "  Act  to  establish  and  maintain  Common 
Schools,"  passed  on  the  12th  of  February,  1849,  provides  that 
"  no  Teacher  shall  be  entitled  to  any  portion  of  the  Common 
School  or  township  fmid,  who  shall  not,  before  his  employment, 
exhibit  to  the  school  Directors  of  the  district  in  which  he  pro- 
poses to  teach  a  school,  a  certificate  of  qualification  obtained 
imder  the  provisions  of  section  13  and  section  46  hereof"  In 
the  case  of  Casey  vs.  Baldrklr/e,  15  111.,  p.  65,  which  arose  under 
that  Act,  this  court  decided  that  school  Directors  were  not  bound 
to  examine  and  certify^  the  schedule  of  a  Teacher  who  did  not 
obtain  the  requisite  certificate  of  qualification,  and  present  the 
same  to  the  Directors  before  the  commencement  of  the  school. 
That  was  an  action  brought  by  a  Teacher  against  the  school 
Directors :  and  the  declaration  was  held  to  be  fatally  defective, 
because  it  contained  no  averment  that  the  certificate  was  exhibited 
to  the  Directors  prior  to  the  commencement  of  the  school.  It 
was  said :  "  Tliis  requirement  of  the  statute  is  a  condition  prece- 
dent, and  its  performance  ought  to  be  distinctly  alleged  in  the 
declaration.  The  declaration  in  this  case  is  equally  obnoxious  to 
the  same  objection.  It  is  not  averred  therein,  nor  is  it  necessarily 
or  fairly  inferable  from  any  of  its  allegations,  that  the  certificate 
of  qualification  was  presented  to  the  defendants  before  the  f;chool 
commenced.  If  it  was  not  so  presented,  the  plaintiff  is  expressly 
prohibited  from  receiving  any  portion  of  the  school  fund  of  the 
townsliip,  and  the  defendants  were  not  guilty  of  any  breach  of 
duty  in  refusing  to  examine  and  certify  her  schedule.  Nor  was 
this  defect  in  the  declaration  cured  by  the  verdict.  After  verdict, 
it  may  be  intended  that  every  essential  fact  nlleged  in  the  declara- 
tion, or  fairly  to  be  implied  Irom  what  is  alleged,  was  established 
on  the  trial ;  but  where  the  declaration  foils  to  show  that  the 
l^laintift'  has  a  cause  of  action,  there  is  no  room  for  intendment 
or  presumption.  The  judgment  sustaining  the  motion  in  arrest 
must  be  affirmed. 

Teachers  should  be  careful  to  renew  their  certificates  of  quali- 
fication, when  they  expire  during  school  term.  The  renewal  of 
certificates  is  a  matter  of  not  less  im^^ortance  to  Teachers  than 
their  first  procurement.  It  sometimes  occurs  that  a  certificate, 
valid  and  approved  at  the  commencement  of  a  school  term  of  six 
months,  expires  by  limitation  before  the  completion  of  the  term, 
being  voided  and  remaining  unrenewed.  It  is  important  to  know 
what  efiect  the  invalidation  of  the  certificate  will  have  upon  the 
Teacher  and  the  school,  and  the  probable  legal  consequences  that 
may  be  anticipated. 

As  to  the  school^  it  is  essentially  required  that  it  be  "  conducted 
abcordinGf  to  law."     But  it  has  been  decided  and  re-affirmed  that 


TEACIIEES.  19^ 

a  scliool  taught  by  a  person  having  no  certificate  is  not  conducted 
according  to  law — "  is  not  a  public  school  within  the  meaning  of 
the  Act."  Then  the  disfranchisement  of  the  school  follows,  since 
none  but  a  "public  school,"  a  school  "  conducted  according  to 
law,"  can  share  in  the  semi-annual  dividends  ;  and  the  district  in 
which  such  school  is  taught  is  liable  to  suiBfer  the  deprivation  of 
its  most  material  pecuniary  support.  But  how  would  this  dis- 
franchisement follow  as  a  possible  consequence  of  the  non-renewal 
of  the  Teacher's  license.  The  Law  governing  the  apportionment 
of  the  public  fund  to  school  districts  disallows  the  claims  of  any 
in  which  a  legal  school  has  not  been  kept  for  six  months  during 
the  school  year  for  which  such  apportionment  is  made.  But  a 
school  can  not  be  a  legal  school  unless  it  has  been  legally  kept. 
It  can  not  have  been  legally  kept,  if  for  one-half  the  term,  it  was 
taught  by  one  whom  the  Law  does  not  recognize  as  a  Teacher. 
From  the  very  day  of  the  expiration  of  his  license  he  ceased  to 
be  a  Teacher,  in  the  view  of  the  Law.  From  that  day  the  Law 
will  no  sooner  recognize  his  character  or  his  claims  (as  to  the 
legality  of  his  school)  than  the  character  and  claims  of  any  other 
unliceiised  j)erson  who  might  stand  in  his  place.  If  it  be  sug- 
gested that  the  Teacher  has  certain  contract  rights  which  the 
Law  will  respect,  I  only  say,  now,  that  it  is  the  legal  and  not  the 
contract  relation  which  the  Teacher  holds  to  the  school  winch  is 
now  being  considered  ;  to  the  latter  I  will  come  presently.  The 
legality  of  the  school  depends  essentially  upon  the  legal  qualifica- 
tion of  the  Teacher.  That  legal  qualification  implies  the  posses- 
sion of  a  license  to  teach.  So  soon,  therefore,  as  he  becomes 
dispossessed  of  that  license  by  the  expiration  of  its  tenure,  he  is 
divested  of  all  legal  qualification  as  a  Teacher;  and  as  long 
thereafter  as  he  teaches  he  teaches  illegally,  and  a  school  thus 
illegally  taught  would  neither  be  adjudged  a  legal  school  nor  a 
legitimate  claimant  upon  the  public  fund.  The  fact  that  the  con- 
tingency might  have  been  avoided  ;  that  the  law  anticipated  and 
provided  against  it,  by  authorizing  a  renewal  of  the  license  ;  that 
such  renewal  was  not  obtained,  or  even  asked  for, — would  seem 
to  render  the  Teacher  excuseless,  and  implicate  him  principally 
in  a  wrong  from  which  many  would  suffer. 

As,  to  the  Teacher,  the  neglect  or  refusal  to  obtain  a  renewal  of 
his  license  might  be  folloAved  by  serious  consequences.  It  may 
be  presumed  that,  like  another,  he  has  "respect  unto  the  recom- 


198  TEACHERS. 

pense  of  reward."  It  is  too  true,  also,  that,  like  Moses,  his 
expectations  are  sustained  principally  "  by  faith" — accepting  the 
Pauline  definition  of  this  buoyant  grace,  as  the  "  substance  of 
things  hoped  for,  the  evidence  of  things  not  seen."  It  is  of  some 
importance  to  know  how  the  Teacher's  wages  would  probably  be 
affected  by  the  expiration  and  non-renewal  of  his  license  in  the 
midst  of  school  term.  Wages  depend  upon  contract,  it  is  true  ; 
but  then  contract  depends  upon  law.  If  the  law,  with  respect  to 
certain  contracts,  specifies  certain  conditions  upon  which  they 
must  be  based,  a  non-observance  of  these  conditions  vitiates  the 
contract.  The  law  specifies  to  the  Teacher,  as  a  condition  pre- 
cedent to  contracting  with  Directors,  that  he  shall  exhibit  a  certi- 
ficate of  qualification.  If  a  contract  be  formed  ia  disregard  of 
that  condition,  it  is  invalid,  and  the  Teacher  can  not  recover 
under  it.  Again,  when  a  contract  has  been  legally  entered  into, 
and  ratified,  if  either  party  incapacitates  himself  for  the  perform- 
ance of  the  stipulated  service,  such  incapacity  will  release  the 
other  party  from  the  obligations  of  the  contract.  (See  Freeman^s 
Digest,  vol.  i,  p.  507.)  If  a  Teacher  exhibits  to  his  employers  a 
certificate  of  qualification  before  he  is  engaged  to  teach,  and 
enters  into  contract  to  teach  a  six  months  legal  school,  and  at  the 
end  of  three  months  incapacitates  himself  to  teach  a  legal  school 
longer  (which  he  does  by  failing  to  renew  his  certificate),  his 
employers  are  released  from  the  obligations  of  the  contract. 

But  let  us  turn  to  the  School  Law.  Section  53  requires  the 
Teacher  to  complete  his  schedule  as  soon  as  may  be  after  the 
close  of  his  school,  and  to  deliver  it  to  the  Directors,  who  shall 
certify  to  its  correctness  (if  upon  examination  it  is  found  correct), 
and  also  that  the  Teacher  "  is  in  possession  of  a  certificate  of 
qualification,"  etc.  Money  can  not  be  paid  out  upon  a  schedule 
till  it  be  filed.  It  can  not  be  filed  till  it  be  certified  to.  Can  it 
be  certified  to  under  such  circumstances  ?  Can  the  Directors 
certify  that  such  Teacher  is  in  possession  of  a  certificate  when  he 
is  not  in  possession  of  a  certificate  ?  But  if  the  Directors  should 
ignore  or  defy  the  law,  and  attach  their  official  certificate  to  the 
schedule,  would  this  secure  its  payment?  Not  certainly;  for  if 
the  Treasurer  be  apprised  of  the  facts,  and  discharge  his  duty, 
he  will  withhold  payment,  at  least  until  a  legal  investigation  shall 
be  had  and  the  decision  of  the  court  shall  further  instruct  him; 
and  it  is  confidently  believed  that  such  decision  would  be  adverse 


TEACHEES.  199 

to  the  claims  of  the  Teacher  and  fatal  to  the  recovery  of  his 
wages. 

AssiSTAisTT  Teachers  must  have  certificates  of  qualification.  The 
authority  conferi-ed  upon  and  exercised  by  a  Teacher  is  of  the 
nature  of  a  license.  A  license  is  simply  the  legal  permission  to 
do  something  which,  without  such  permission,  it  would  be  unlaw- 
ful to  do.  In  conferring  license  upon  one  to  teach^  the  State 
gives  such  person  permission  to  do  that,  which,  without  such  per- 
mission, it  is  unlawful  to  do.  For  the  very  reason  that  this  is  the 
Lmo^  it  would  be  as  unlawful  for  one  to  teach  in  this  State  (as  a 
common  school  Teacher)  without  a  license,  as  it  would  be  for 
him  to  plead  in  the  courts,  or  vend  merchandise,  or  do  any  thmg 
else  that  is  not  to  be  done  without  license. 

Teachers,  while  in  the  employment  of  a  Board  of  Directors, 
are  entirely  subject  %f>  their  control,  so  far  as  the  subject  of  studies 
to  be  pursued  in  the  schools  is  concerned.  The  Law  confers 
•  power  and  authority  upon  Directors  to  direct  what  branches  may 
be  taught,  and  to  "  make  all  necessaiy  rules  and  regulations"  for 
the  government  of  the  school. 

The  whole  subject  of  studies  and  text-books  is  left  to  the  dis- 
cretion of  the  Directors,  who  alone  have  power  to  prescribe  what 
branches  shall  be  taught.  The  Teacher  must  conform  to  the 
rules  and  regulations  established  by  the  Board  of  Directors.  If 
the  latter  direct  that  algebra,  or  any  other  particular  subject, 
shall  be  taught,  the  former  must  teach  it — he  has  no  option  in  the 
premises.  If  the  teaching  of  that  or  any  other  branch  is  forbidden 
by  the  Directors,  the  Teacher  must  be  governed  by  his  instruc- 
tions.— Bateman. 

In"  case  of  acci4ent,  (as  of  the  burning  of  a  school  house,)  or 
of  the  prevalence  of  a  contagion  in  the  neighborhood,  by  which 
the  school  is  temporarily  suspended,  the  Teacher  is  entitled 
to  his  wages  under  the  contract,  as  if  no  interruption  of 
the  school  had  occurred ;  provided.,  he  holfl.  himself  constantly 
ready  to  obey  the  orders  of  the  Directors,  and  does  not  forfeit 
his  claim  by  removal  from  the  vicinity.  The  following  decision 
of  the  Department  was  given  in  a  case  where  the  school  house 
had  been  destroyed  by  fire.  The  Teacher  had  contfkcted  to  teach 
six  months.  Before  the  term  closed,  the  accident  occurred.  The 
Teacher  did  not  ask,  nor  the  Directors  propose  a  release  of  the 
former  from  the  contract.     The  Teacher  resumed  his  work  in  the 


200  TEACHERS. 

school  after  six  weeks  of  susi^ension,  and  completed  the  term,  in 
six  months  from  the  date  of  the  contract,  claiming  wages  as  if  no 
interruption  had  occm'red.  In  this  case,  my  predecessor  gave 
the  following  opinion : 

In  covenanting  with  the  Teacher  for  six  months,  the  Directors 
virtually  agreed  to  provide  a  house  and  keep  him  employed.  The 
contract  was  not  conditioned  upon  contingencies,  but  was  clear 
and  definite.  After  the  house  was  burnt,  the  Teacher,  one 
of  the  contracting  jjarties,  still  felt  bound  by  his  agreement, 
and  stood  ready  and  waiting  to  comply  with  its  conditions.  He 
did  not  ask  for  a  release — the  Directors  did  wol  projyose  a  release, 
or  express  any  desire  for  it,  or  suggest  any  modification  of  the 
contract.  And  so  the  Teacher  waited,  for  six  weeks,  regarding 
himself  all  the  while  as  bound  by  the  original  agreement,  and 
debarred  the  liberty  of  seeking  employment  elsewhere. 

If,  after  the  disaster  to  the  house,  the  parties  had  agreed  to 
cancel  or  modify  the  contract ;  or  if  the  Teacher  had  sought  and 
obtained  other  employment,  he  could  not,  in  that  case,  have 
claimed  of  the  Directors  the  fulfillment  of  the  contract  according 
to  its  original  provisions.  As  it  is,  the  case  is  cleai* — the  Teacher 
has  legal  recourse  upon  the  Directors  for  his  wages  for  the  whole 
six  months. — Bateman. 

REGuiiAE  schedules  must  be  kept  by  Teachers  for  all  pupils 
resident  in  the  district,  and  separate  schedules  for  non-resident 
l^upils,  and  jjersons  over  twenty-one  attending  school. 

Schedules,  as  soon  as  completed,  must  be  delivered  to  one  of 
the  Directors.     Neglect  here  may  work  a  forfeiture  of  wages. 

It  is  the  duty  of  the  Teacher,  as  soon  as  his  schedule  is  com- 
pleted, to  "  deliver  it  to  some  one  of  the  Directors."  If  he  neg- 
lects tliis  duty  till  his  schedule  is  forfeited  by  limitation,  he  has 
no  redress. 

Unless  otherwise  agreed  between  the  parties,  and  specified  in 
the  contract,  Teachers  will  be  required  to  teach  but  twenty  days 
for  a  school  month.*  The  doctrine  enunciated  in  the  following 
decision  of  the  Department  is  held  to  be  the  true  one,  and  just  to 
all  concerned : 

1.  The  lunar  month,  or  four  weeks,  shall  be  considered  the 
true  common  school  month  in  this  State. 

2.  At  least  twenty  days  shall  be  taught  for  a  month;  sixty 
days  for  three  months ;  one  hundred  and  twenty  days  for  six 
months,  etc. 


TEACHERS.  "201 

3.  Directors  may  contract  with  Teachers  on  the  calendar  instead 
of  the  hinar  month  principle,  and  such  contracts,  previously 
made,  shall  be  valid  and  binding  upon  both  parties ;  but  less  than 
twenty  teaching  days  shall  not  be  considered  a  lawful  school 
month. 

4,  In  the  absence  of  any  special  agreement  or  contract  between 
Directors  and  Teacher,  as  above,  the  lunar  month  of  twenty 
teaching  days  shall  be  adopted  as  the  true  basis  of  settlement,  and 
shall  be  accepted,  held,  and  construed  by  Directors,  Trustees, 
Treasurers,  and  others,  as  satisfying  the  demands  of  the  law. 

The  number  of  teaching  days  in  a  calendar  month  is  between 
one  and  two  days  more  than  in  a  lunar  month  ;  there  being  in  the 
latter  just  twenty  teaching  days,  and  in  the  former  between 
twenty-one  and  twenty-two  days.  The  difference  in  a  school  of 
six  months  is  about  ten  days.  Directors  undoubtedly  have  the 
right  to  stipulate  with  Teachers  on  the  calendar  month  principle 
if  they  think  proper ;  and  if  Teachers  voluntarily  enter  into  such 
an  agreement  they  are  morally  and  legally  bound  by  it.  But  it 
very  often  happens  that  nothing  is  said  on  the  subject  by  either 
pai'ty  until  the  school  closes,  when  a  diflference  of  opinion  is  found 
to  exist,  leading  to  endless  confusion  and  strife.  It  is  to  provide 
a  uniform  rule  and  to  avoid  trouble  in  such  cases  that  this  decision 
is  made. — JBateman. 

In  reply  to  the  question :  "  How  many  hours  per  day  is  a 
Teacher  required  to  teach  ?"  the  following  was  returned : 

There  is  no  authority  conferred  upon  this  department  to  deter- 
mine the  question.  The  School  Law  confers  upon  the  Directors  of 
each  district  the  power  to  make  such  "  rules  and  regulations  "  as 
they  deem  necessary  for  the  well-being  of  the  school.  The  power 
to  fix  the  number  of  hours  per  day  a  school  shall  be  kept  open  is 
therefore  conferred  upon  school  Directors  under  the  head  of 
"rules  and  regulations."  It  may,  however,  be  added  as  a  matter 
of  opinion,  that  no  Teacher  should  be  required  to  teach  more  than 
six  hours  a  day. — Powell. 

The  Law  is  silent  on  the  subject  of  corporal  punishment  in 
schools.  It  neither  grants  nor  withholds  authority  to  inflict  it. 
The  whole  subject  is  left  to  the  judgment  and  discretion  of  the 
local  school  authorities,  and  to  the  sanction  of  general  usage  and 
custom. 

That  the  Teacher  must  be  clothed  with  authority  to  use  the  rod 
in  certain  cases,  is  self-evident.  It  grows  out  of  the  very  nature 
of  the  case,  and  of  his  relations  to  his  pupils.  The  prudent  exer- 
cise of  such  authority,  is  acquiesced  in  by  the  opinions  and  prac- 
tice of  the  whole  country,  and  is  almost  invariably  sustained  by 
the  courts;  on  the  ground,  not  of  statutory  enactments,  but  of 


202  TEACHERS. 

common  custom,  common  sense,  common  justice,  and  the  natm'e 
and  necessity  of  the  case. 

It  is  only  the  flagrant  cibuse  of  the  admitted  rights  which  either 
society  or  the  law  is  disposed  to  frown  upon  and  condemn. — 
JBateman. 

Upon  the  subject  of  the  right  of  the  Teacher  to  receive  interest 
on  money  due  him  as  wages,  the  foUowmg  decision  has  been 
promulgated  by  the  Department: 

Under  the  2d  section  of  the  general  laws  of  the  State  (Rev. 
Stat.,  page  294,)  regulating  interest,  Treasurers  of  townships 
should  pay  six  per  cent,  per  annum  interest  on  schedules  that 
have  been  regularly  filed  by  the  Directors  before  the  time  fixed 
for  the  semi-annual  distribution  of  the  school  funds,  and  which, 
for  any  reason,  can  not  be  paid  out  of  such  distribntion — the  inter- 
est to  be  computed  from  the  time  fixed  for  such  distribution.  A 
schedule  thus  certified  is  undoubtedly  a  liquidated  account,  and, 
in  contemplation  of  law  and  the  contract  between  the  Directors 
and  the  Teacher,  should  be  at  the  time  provided  by  law  for  the 
distribution  of  school  funds,  unless  they  otherwise  agree  or  con- 
tract. If,  for  any  reason,  the  amount  appearing  by  the  schedule 
to  be  due  can  not  then  be  paid,  it  is  just  and  equitable,  and,  as  I 
think,  within  the  letter  as  well  as  the  spirit  of  the  law  regulating 
interest,  that  interest  should  be  paid  after  that  date.  The  Direct- 
ors who  make  the  contract  with  the  Teacher  have  the  power  to 
provide  the  means  of  payment,  and  are  supposed  to  contract  with 
reference  to  the  means  to  be  at  their  disposal  at  the  time  when, 
by  the  contract,  the  Teacher  should  be  paid.  If  they  have  been 
negligent  in  proA'iding  the  means,  or  if  there  has  been  default  in 
collecting,  or  if  from  any  other  cause  they  are  unable  to  pay  at 
the  proper  time,  they  stand,  in  their  corporate  capacity,  like  other 
debtors,  and  should  pay  interest.  Their  liability,  however,  is  a 
corporate  liability,  and  not  a  personal  liability ;  and  the  interest 
should  be  paid,  with  the  principal,  out  of  the  funds  belonging  to 
the  district. — Bateman. 

The  ustTAL  holidays,  and  during  which  schools  may  be  dis- 
missed, are,  Christmas  and  New  Year's  days.  Independence  day, 
and  all  Thanksgivmg  and  Fast  days  appointed  by  the  national  or 
State  authorities.  The  following  questions  and  answers  i;pon 
this  subject,  taken  from  the  correspondence  of  the  Superintendent's 
office,  are  submitted : 

1.  Have  school  Directors  the  right  or  power  to  allow  Teachers 
to  close  schools  during  the  holidays,  and  coimt  the  time  as  being 
taught ;  or,  in  other  words,  give  Teachers  said  time  ? 


TEACHERS.  203 

2.  Is  it  customary  generally,  or  among  our  best  schools,  for 
Directors  to  give  Teachers  the  holidays  ?  and  do  you  think  it 
jjroper  and  right  that  they  should  do  so? 

3,  What  number  of  days  is  regarded  as  the  holidays,  or  is 
generally  given  as  above, — the  tioo  days  simply,  Christmas  and 
New  Year,  or  the  whole  week  inclusive '? 

1.  In  the  absence  of  statute  law  upon  the  subject  of  holidays, 
we  are  governed  by  the  law  of  custom.  It  is  usual,  I  think,  to 
dismiss  school  during  the  holidays.  Public  opinion  sanctions  the 
custom,  and  its  observance  is  becoming  more  general  every  year. 
In  so  far  as  Directors  conform  to  the  custom,  and  agree  that  the 
school  shall  be  closed,  they  should  "  count  the  time  as  being 
taught ;"  or,  in  other  words,  they  should  reckon  the  Teacher's 
time  precisely  as  if  the  school  had  not  been  dismissed. 

2.  The  custom  prevails  doubtless  "  among  our  best  schools ;" 
and  as  its  observance  affords  opportunity  for  mental  relaxation  to 
Teachers  and  pupils,  and  at  a  tune,  too,  when  the  mind  is  so  far 
diverted  by  the  festivities  incident  to  the  season  as  to  be  disin- 
clined to  study  and  application,  I  do  not  hesitate  to  approve  it. 

3.  The  holiday  season  referred  to  embraces  the  entire  week, 
including  Christmas  and  New  Year's  days. 

Have  Directors  the  right  to  allow  Teachers  to  suspend  their 
schools  during  the  Christmas  holidays,  and  to  continue  their 
wages  for  this  time?  Is  such  usage  customary  in  our  graded 
schools  ? 

The  Directors  have  such  a  right,  and  the  exercise  of  it  is  both 
customary  and  commendable.  The  authority  to  exercise  such  a 
discretion  is  held  to  be  clearly  implied  in  the  general  powers  con- 
ferred upon  Directors  in  Section  48. — Bateman. 


204  PUPILS. 


•       PUPILS. 

All  peesons  between  the  ages  of  five  and  twenty-one  years 
are  entitled  to  admission  into  the  public  schools  in  the  district 
where  they  reside. 

Only  those  who  are  over  five  and  under  twenty-one  years  of 
age,  are  legally  eligible  to  /the  public  schools,  under  the  general 
act.  The  Directors  are  unquestionably  authorized  to  exclude  all 
who  are  either  older  or  younger  than  the  prescribed  limits.  Per- 
sons over  twenty-one  may  be  admitted,  with  the  consent  of  the 
Directors,  on  payment  of  such  tuition  fee  as  the  board  shall  pre- 
scribe ;  but  they  cannot  claim  such  admission  as  a  legal  right,  nor 
being  admitted,  can  they  demand  the  privilege  of  attending  free. 
The  restrictions  of  the  general  law  as  to  age,  etc.,  do  not  apply 
to  cities  and  incorporated  towns  whose  schools  are  organized 
under  special  acts  or  ordinances. — Bateman. 

The  question  of  residence  is  thus  treated  of  in  an  official  cir- 
cular issued  from  this  Dei^artment : 

Residence,  or  domicil,  is  a  "fixed  and  pei*manent  abode  or 
dwelling-place  for  the  time  being,  as  distinguished  from  a  mere 
temporary  locality  of  existence." 

To  acquire  a  domicil,  two  things  are  essential :  there  must  be 
the  fact  of  residence  in  a  particular  place,  and  the  intention — the 
voluntary  purpose — to  make  that  place  a  permanent  abode. 

To  retain  a  domicil  when  acquired,  actual  residence  is  not  indis- 
pensable. It  is  retained  by  the  absence  of  intention  to  remove. 
Nor  does  the  intention  to  remove  change  the  domicil  unless  carried 
into  effect.  The  intention  and  the  act  must  go  together.  A  resi- 
dence once  gained  remains  till  a  new  one  is  legally  acquired.  The 
theory  of  the  law  is,  that  every  one  must  have  a  residence  some- 
Avhere,  and  that  no  one  can  have  more  than  one  domicil  at  one 
and  the  same  time. 

Where  a  man  divides  his  time  between  his  place  of  business 
and  his  dwelling-house,  the  i)lace  of  the  latter  determines  his 
domicil.  If  he  owns  more  than  one  dwelling-house,  the  one  in 
which  he  sleeps  is  his  legal  residence.  If  the  dwelling-house  is 
partly  in  one  district  and  partly  in  another,  the  occupant  must  be 
deemed  a  resident  of  the  district  in  which  he  usually  sleeps,  if 
that  can  be  determined. 


PUPILS.  205 

The  question  of  domicil  has  been  largely  discussed  in  the 
courts,  and  is  one  of  no  small  difficulty.  Cases  may  arise  to 
which  no  rule  of  the  legislature  or  the  court  will  exactly  apply. 

The  commonly  accepted  legal  maxims  concerning  domicil,  as 
condensed  by  Hon.  V.  M.  Rice,  of  New  York,  from  Judge  Story's 
"  Conflict  of  Laws,"  chap.  3,  are  as  follows.  The  statement  is 
more  comprehensive  than  is  required  by  the  scope  and  purpose 
of  these  notes;  but,  as  it  forms  the  basis  of  the  remarks  to  follow, 
and  embodies  much  useful  information  not  often  found  in  so  brief 
a  compass,  it  is  given  in  full : 

1.  "  The  place  of  birth  of  a  person  is  considered  as  his  domi- 
cil, if  it  be  at  the  time  the  domicil  of  his  parents.  This  is  called 
the  domicil  of  nativity.  But  if  his  parents  are  on  a  visit  or  on  a 
journey,  the  home  of  tlie  parents  will  be  deemed  his  domiciL 

2.  The  domicil  of  birth  continues  until  he  has  acquired  a  new 
domicil. 

3.  A  minor  is  generally  deemed  incapable  of  changing  his 
domicil ;  but  if  the  parent  changes  his  domicil,  that  of  the  minor 
follows  it.  If  the  father  dies,  his  last  domicil  continues  that  of 
his  minor  children.  This  rule  is  subject  to  qualification  if  the 
minor  has  been  emancipated  from  parental  control,  or  adopted 
into  a  new  family. 

4.  A  married  woman  follows  the  domicil  of  her  husband. 

5.  A  widow  retains  the  domicil  of  her  deceased  husband  until 
she  acquires  another. 

6.  Prima  facie,  the  place  where  a  person  lives  is  deemed  his 
domicil. 

7.  Every  person  of  full  age  having  a  right  to  change  his  dom- 
icil, if  he  removes  to  another  place  with  an  intention  of  making 
it  his  permanent  residence,  that  immediately  becomes  his  dom- 
icil. 

8.  If  a  person  removes  to  another  place  with  an  intention  of 
remaining  there  for  an  indefinite  time,  and  as  a  present  domicil, 
it  becomes  his  domicil,  notwithstanding  he  may  entertain  a  float- 
ing intention  to  return  at  some  future  period. 

9.  The  place  whei-e  a  married  man's  family  resides  is  gene- 
rally deemed  his  domicil,  but  not  if  it  be  a  merely  temporary 
establishment. 

10.  If  a  married  man  has  his  family  in  one  place  and  his  busi- 
ness in  another,  the  former  is  deemed  his  domicil. 

11.  If  a  married  man  has  two  places  of  residence  at  different 
times  of  the  year,  that  will  be  esteemed  his  domicil  which  he 
himself  selects  or  deems  his  home,  or  which  appears  to  be  the 
center  of  his  affairs,  or  where  he  votes  or  exercises  the  rights  and 
duties  of  a  citizen. 

12.  If  a  man  is  unmarried,  that  is  generally  deemed  his  dorii- 
icil  where  he  transacts  his  business,  exercises  his  profession,  or 


206  PUPILS. 

assumes  the  duties  or  privileges  of  a  citizen.     But  this  rule  is 
subject  to  qualification. 

13.  Residence,  to  produce  a  change  of  domicil,  must  be  volun- 
tary, not  by  imjirisonment,  etc. 

14.  Mere  intention  to  remove,  without  the  fact  of  removal, 
will  not  change  the  domicil ;  nor  will  the  fact  of  removal  without 
intention.     They  must  go  together. 

15.  A  domicil,  once  acquired,  remains  imtil  a  new  one  is 
acquired." 

It  remains  briefly  to  apply  these  principles,  for  the  practical 
guidance  of  school  Directors  and  others  concerned. 

(1.)  None  but  legal  residents  of  a  district  are  entitled  to  free 
instruction  in  the  public  schools  of  said  district. 

(2.)  As  a  general  rule,  the  residence  of  the  parents  is  the 
residence  of  their  children. 

(3.)  Boarding  children  in  a  different  district  from  that  in 
which  the  parents  reside  does  not,  of  itself,  entitle  them  to  the 
benefits  of  the  free  school  in  said  district. 

(4.)  The  mere  temporary  residence  of  a  family  in  a  district, 
in  order  solely  to  enjoy  the  benefits  of  the  free  schools  and  with 
the  intention  of  removal  as  soon  as  that  purpose  is  accomplished, 
does  not  entitle  the  children  to  the  privileges  of  said  schools. 

(5.)  The  removal  of  a  portion  of  a  family  from  the  legal  dom- 
icil to  another  district,  in  order  to  send  to  the  free  schools  thereof, 
does  not  confer  the  right  to  do  so. 

(6.)  As  a  general  rule,  the  residence  of  their  parents  is  the 
residence  of  employes :  hence  the  privilege  of  the  free  school  in 
another  district  is  not  acquired  by  placing  children  temporarily 
at  service  in  that  district,  with  the  sole  object  of  sending  them 
to  school.  This  includes  those  who  are  jilaced  in  families  to 
attend  school  and  do  chore-work  for  their  board,  etc.  The  most 
liberal  policy  is,  however,  recommended  toward  this  class  of 
children.  The  state  has  as  much  interest  in  tlieir  education  as  in 
that  of  the  more  favored ;  and,  although  not  legally  eligible  to 
attend  free,  the  Directors  should  permit  them  to  do  so,  when  not 
inconsistent  with  the  rights  of  others  and  the  welfare  of  the 
school. 

(7.)  Children  who  have  been  apprenticed,  or  adojited  into  a 
new  family ;  or  who  have  been  placed  permanently  in  the  care  of 
others,  with  no  intention  of  withdrawal ;  or  those  over  whom 
parents  have  relinquished  all  control  from  whatever  cause ;  or 
those  who  have  no  parents  or  guardians,  or  whose  parents  or 
guardians  live  in  another  state  or  country  and  exercise  no  control 
over  their  children  ;  or  those  who  have  no  pei-manent  abode,  but 
go  from  place  to  place  in  search  of  employment,  and  whose  only 
home  is  where  they  find  work ; — the  children  included  in  all  the 
above  classes  are  to  be  enumerated  in  the  district  where  they  live, 


puriLS.  207 

and  are  entitled  to  all  the  rights  and  benefits  of  the  free  schools 
in  said  district. — Bateman. 

Nox-KESiDENT  pupils  can  only  be  admitted  to  school  upon  the 
written  consent  of  the  Directors  of  the  district  in  which  they 
reside,  and  the  Directors  of  the  district  in  which  they  desire  to 
attend  school. 

ChildreoS"  under  five  years  of  age  cannot  be  admitted  to  school 
at  all.  Persons  over  twenty-one  years  of  age  may  be  admitted, 
if  the  Directors  please,  by  paying  a  tuition  fee. 

Pupils  are  held  to  be  under  the  control  and  authority  of  the 
Teacher  while  in  the  school  or  upon  the  school  premises. 

Pupils  may  be  suspended  or  expelled  by  the  Directors  for 
incorrigibly  bad  conduct.  They  may  also  be  suspended  from 
school  temporarily  for  sanitary  reasons. 

Dismissal  from  school  is  usually  resorted  to  as  a  punishment 
for  grave  and  obstinate  oftences.  When  the  moral  depravity  of 
a  child  becomes. so  great  that  his  example  is  dangerous  to  the 
purity  of  the  school,  or  when  his  insubordination  is  so  bold  and 
incorrigible  as  to  be  fatal  to  the  discipline  of  the  school,  duty  to 
the  other  scholai's  demands  his  removal.  He  has  forfeited  his 
claim  to  the  benefits  of  the  school;  he  can  no  longer  enjoy  those 
benefits  without  infringing  the  moral  rights  of  others,  and  justice 
demands  his  exclusion.  He  has  no  longer  any  right  to  remain, 
for  no  rights  can  attach  to  the  individual,  the  exercise  of  which 
is  incompatible  with  the  equal  rights  of  others. 

This  principle  has  important  applications.  It  justifies  and  even 
requires  the  removal  of  a  pupil  from  school,  in  certain  cases, 
when  no  offence  has  been  committed.  It  teaches  clearly  that 
punishment  for  evil  dohig  is  not  the  only  ground  upon  which  dis- 
missal from  school  can  be  justified — that  x>^'Otection  from  evils 
which,  though  serious,  imply  no  wrong  in  the  parties  concerned, 
is  sometimes  an  equally  valid  ground  for  the  temporary  removal 
of  a  pupil  from  school. 

In  the  light  of  these  views  it  is  perfectly  clear  that  Directors 
may  and  should  exclude  from  school,  f  )r  the  time  being,  pupils 
infected  wdth  offensive  and  contagious  diseases.  Not  for  any  fault 
or  wrong  on  their  part,  but  simply  because  their  presence  under 
the  circumstances  is  incompatible  with  the  safety  and  comfort  of 
others.  Their  personal  rights  in  the  common  school  are  for  the 
time  in  abeyance — they  must  be  surrendered  till  they  can  again 
be  exercised  without  infringing  the  equal  rights  of  others. 

In  the  language  of  anotlier :  "  The  right  to  enjoy  the  benefit 
of  common  schools,  established  for  all  the  inhabitants,  is  a  com- 
mon, not  an  exclusive  personal  right ;  then,  like  other  common 


208  PUPILS. 

rights,  that  of  way  for  instance,  it  must  be  exercised  under  such 
limitations  and  restrictions,  that  it  shall  not  interfere  with  the 
equal  and  co-extensive  rights  of  others.  Take  the  case  of  conta- 
gious diseases :  can  it  be  doubted  that  the  presence  of  a  pupii 
infected  could  be  lawfully  prohibited,  not  for  any  fault,  or  crime, 
or  wrong  conduct,  but  simply  because  his  attempt  to  insist  on  his 
right  to  attend,  imder  such  circumstances,  would  be  dangerous 
and  noxious,  and  so  an  interruption  of  the  equal  and  common 
right."     [Vide  8  Cash.  Mass.  R.,  164.)— ^ateman. 

The  eights  and  duties  of  pupils  in  common  schools  are  thus 
summed  up  in  an  article  issued  from  this  Department: 

(1.)  Pupils  can  study  no  branch  which  is  not  m  the  course 
prescribed  by  the  Directors. 

(2.)  Pupils  can  study  no  branch  of  such  prescribed  course  for 
which  they  are  not  prepared ;  of  which  preparation  the  Teachers 
and  Directors  shall  judge. 

(3.)  Pupils  shall  study  the  particular  branches  of  the  pre- 
scribed course  which  the  Teachers,  with  consent  of  the  Direct- 
ors, shall  direct,  unless  honest  objection  is  made  by  the  parents. 

(4.)  If  objection  is  made  in  good  fiiith,  parents  shall  be  allowed 
to  select  from  the  particular  branches  of  the  prescribed  course  for 
which  their  children  are  fitted,  those  which  they  wish  them  to 
study ;  and  for  the  exercise  of  such  right  of  choice  the  children 
shall  not  be  liable  to  suspension  or  expulsion. 

(5.)  If  the  aforesaid  liberty  of  choice  is  sought  to  be  exercised 
with  the  avowed  or  palpable  design  of  thwarting  the  Teacher  and 
Directors  and  maliciously  disturbing  the  school,  it  may  be  with- 
held, and  the  children  be  compelled  to  study  the  branches  chosen 
by  the  Teacher  and  Directors,  or  leave  the  school. — Bateman. 


SCHOOL  HOUSES.  209 


SCHOOLS— HOUSES— SITES. 

The  numbek  of  schools  to  be  established  in  a  district  is  not 
fixed  by  the  Law,  the  only  indication  being  found  in  the  following 
words  of  the  48^A  Section:  "They  [Dii-ectors]  shall  establish  and 
keep  in  operation  a  sufficient  number  of  free  schools  for  all  the 
children  of  the  district." 

Neglect  to  provide  a  "  sufficient  number  of  schools  for  all  the 
chUdren  of  the  district,"  is  punishable  under  Sec.  76. 

The  legal  term  of  school  is  definitely  prescribed,  Directors 
being  obliged  to  keep  schools  in  operation  for  at  least  six  months 
in  every  school  year ;  otherwise,  the  district  cannot  share  in  the 
semi-annual  distribution. 

Schools  must  be  kept  open  at  least  six  months  during  each 
school  year,  but  schools  must  not  necessarily  be  kept  open  for  six 
months  in  one  continuous  term.  It  is  only  required  that  the  num- 
ber of  months  during  which  schools  are  kept  open  in  the  year 
shall  be  equal  to  the  mmimum  time  expressed  in  the  Law,  wheth- 
er the  months  of  the  term  occur  consecutively  or  otherwise. 

To  CONTINUE  a  school  for  more  than  six  months  in  any  school 
year,  it  is  necessary  to  obtain  the  consent  of  a  majority  of  the 
voters  in  the  district,  if  in  continuing  said  school  it  he  necessary 
to  levy  a  tax  /  but  if  there  be  funds  on  hand  sufficient  to  pay  the 
expenses  of  continuance,  no  vote  of  the  people  is  necessary. 

Directors  must  provide  for  the  teaching  of  the  elementary 
branches.  None  of  those  studies  specified  in  the  form  of  certi- 
ficate given  in  Section  50  can  be  omitted.  The  higher  branches 
may  also  be  taught,  if  Directors  please. 

Graded  schools  should  be  established  wherever  practicable. 
For  this  purpose  two  or  more  districts  may  unite.  Ungraded  or 
unmixed  schools  are  necessarily  imperfect,  and  far  less  useful 
than  graded  schools,  and  should  only  be  tolerated  while  the  cir- 
cumstances of  the  district  render  grading  impossible. 
14 


210  SCHOOL  HOUSES. 

Schools  in  incorporated  towns  and  cities  are  under  the  exclu- 
sive control  of  the  local  Boards,  and  are  subject  only  to  such 
rules  and  regulations  as  the  Boards  may  prescribe,  under  their 
respective  charters. 

No  SCHOOL  HOUSE  Can  be  built  in  any  district  without  the  con- 
sent of  a  majority  of  the  people  thereof;  nor  can  a  school  house 
be  removed  without  a  vote  of  the  people. 

The  people  of  a  district  may  vote  an  appropriation  of  any 
amount  of  money  to  build  a  school  house,  at  any  election  held  for 
the  purpose ;  but  a  tax  cannot  be  levied  by  the  Du-ectors  in  any 
one  year  to  exceed  two  per  cent,  of  the  taxable  property  of  the 
distiict.  Where  the  amount  appropriated  exceeds  the  above  per 
cent.,  the  tax  must  be  continued  from  year  to  year  till  the  neces- 
sary amount  is  raised. 

Whek  a  district  is  divided,  the  separated  portion  is  entitled 
to  its  equitable  share  of  all  the  property  belonging  to  the  district 
as  it  existed  before  division,  said  share  to  be  determined  by  the 
Trustees  immediately  after  the  division,  the  property  being  ap- 
praised at  its  value,  as  estimated  at  the  time  of  division. 

"When  disteicts  are  consolidated,  the  property  of  the  several 
districts  uniting  becomes  the  property  of  the  consolidated  dis- 
trict. 

The  following  article  is  quoted  from  the  decisions  of  the  De- 
partment concerning  the  use  of  school  houses: 

By  Sec.  39  of  the  general  act,  the  supervision  and  control  of 
public  school  houses  is  vested  exclusively  in  the  respective  Boards 
of  school  Directors.  It  is  a  part  of  their  duty  to  see  that  the 
school  houses,  grounds  and  appurtenances  belonging  to  their 
respective  districts  are  kept  in  good  repair,  and  in  a  suitable  con- 
dition at  all  tunes  for  the  uses  to  which  they  are  by  law  devoted. 
The  guardianship  and  control  of  the  Directors  over  the  school 
houses  and  other  property  of  the  district  is  exclusive ;  it  cannot 
lawfully  be  delegated  by  them  to  others,  nor  can  they  be  inter- 
fered with  in  the  exei'cise  of  such  control.  No  school  house  can 
be  used  or  occupied  by  any  Teacher  or  other  person  or  persons 
without  the  knowledge  and  consent  of  the  Directors.  It  is  not 
in  the  power  of  the  citizens  of  the  district,  individually  or  collect- 
ively, by  committees  or  resolutions,  to  deprive  the  Directors  of 
their  authority  in  the  premises,  or  to  dictate  to  them  the  manner 
in  which  that  authority  shall  be  exercised.  They  alone  are  by 
law  responsible,  and  tlieir  discretion  and  control  are  and  must 
be  commensurate  with  thek  responsibility.     The  citizens  may  of 


SCHOOL  HOUSES.  211 

course  petition  or  remonstrate  for  or  against  a  particular  use  of 
the  house ;  but  the  Directors,  under  the  law,  must  decide.  They 
are  the  legally  chosen  representatives  of  the  district,  to  whom,  as 
such,  all  questions  relating  to  the  use  of  the  district  property 
must  be  referred. 

But  the  Directors  themselves  are  invested  with  the  supervision 
and  control  of  school  houses  for  the  pxirposes  contemplated  by 
law ;  and  the  next  important  question  is,  AVhat  are  the  uses  to 
which  public  school  houses,  erected  by  taxation  under  state 
authority,  may  of  legal  right  be  devoted  ?  Viewed  in  this  strictly 
legal  sense,  the  proper  answer  to  this  question  can  not  be  doubt- 
ful. School  houses  are  built  for  purely  educational  purposes^  and 
they  can  not  of  legal  right  be  employed  for  any  other.  By  edu- 
cational purposes  are  meant  those  of  instruction,  of  district  and 
school  meetings,  school  elections,  etc. ;  in  a  word,  all  purposes 
directly  relating  to  schools,  and  no  others. 

While  there  can  be  no  doubt  that  the  courts  would  sustain  the 
foregoing  opinion  if  the  point  were  adjudicated  upon  purely  legal 
principles,  yet  I  desire  to  express  my  approval  of  the  time-honored 
custom  which  kindly  allows  the  use  of  district  school  houses  for 
religious  and  kindred  worthy  purposes.  Such  use,  especially  in 
sparsely-settled  portions  of  the  country,  subserves  the  public  con- 
venience in  an  eminent  degree,  and  should  not,  in  my  judgment, 
be  denied  except  for  flagrant  mismanagement  or  abuse. 

I  am  aware  that  the  privilege  is  not  unfrequently  abused  in  a 
very  wanton  manner,  and  that  the  use  of  school  houses  for  pur- 
poses not  contemplated  by  law  is  even  presumptuously  demanded 
as  a  right,  instead  of  being  gratefully  accepted  as  a  favor.  In- 
stances are  not  wanting  "where  jiarties  have  availed  themselves  of 
the  liberality  of  the  Directors  only  to  deface  the  building,  break 
the  fences,  injure  the  furniture,  mutilate  the  books,  soil  the  floors, 
and  commit  even  worse  outrages,  to  the  great  disturbance  of  the 
school,  and  to  the  no  small  cost  of  the  district.  In  such  cases  the 
duty  of  the  Directors  is  clear :  the  ofienders  should  be  expelled, 
and  the  doors  pei-emptovily  closed  against  them. 

The  district  can  in  no  case  be  responsible  for  any  expense 
incm-red  by  parties  using  the  school  house,  under  favor  of  the 
Directors,  for  other  than  school  purposes.  No  tax  can  be  levied 
on  the  district  to  pay  for  the  fuel,  lights,  etc.,  used  by  such  parties. 
All  of  such  articles  must  be  furnished  and  paid  for  by  those  Avho 
have  the  privilege  of  the  house ;  and  all  loss  or  damage  caused 
by  such  use  must  in  like  manner  be  made  good  by  those  in  charge 
of  the  house  at  the  time  such  loss  or  damage  is  sustained.  The 
Directors  should  require  of  all,  as  a  condition  of  using  or  occupy- 
ing the  house,  that  the  Imilding,  floors,  furniture,  books,  and  other 
utensils  and  appurtenances,  shall  be  left  in  as  good  condition  as 
they  were  found,  so  that  the  school  may  sufier  no  hindrance  or 
interruption,  and  the  district  be  subjected  to  no  expense. 


212  SCHOOL   HOUSES. 

It  is  the  abuse  of  the  privilege  that  has  caused  nearly  all  the 
trouble.  The  Directors  hare  often  been  requested,  and  even 
required,  to  allow  the  school  to  close  before  the  regular  hour,  and 
in  some  instances  to  stand  closed  for  several  days  together,  in 
order  to  accommodate  religious  and  other  societies  desiring  to 
use  the  house  for  their  meetings.  It  need  hardly  be  said  that 
Directors  can  not  lawfully  entertain  such  propositions,  whether 
they  come  in  the  form  of  requests  or  demands.  Any  tax-payer 
of  the  district  has  a  right  to  object  to  such  a  proceeding,  and  the 
law  would  sustain  the  objection. — JBateman. 

The  SELECTION"  of  a  school  house  site  must  be  submitted  to  the 
voters  of  the  district,  at  an  election  held  for  that  purpose.  Di- 
rectors have  no  power  to  locate  a  school  house,  or  change  a 
school  site,  without  a  vote  of  the  people. 

If  the  owner  of  land  upon  which  a  school  site  has  been 
located  refuses  to  convey  the  site  chosen,  another  site  must  be 
selected.  There  is  no  provision  of  the  Law  by  which  a  school 
site  can  be  appropriated  without  the  consent  of  the  owner. 

School  sites  may  be  sold  when  foxmd  to  be  unsuitable,  un- 
necessary, or  inconvenient.  The  Trustees  of  the  township  are 
authorized  to  sell  the  property  upon  petition  of  the  Du'ectors. 


THE   STAMP  LAW.  218 


THE  STAMP  LAW. 

Frequent  inquiries  have  been  made  of  this  Department,  whether 
the  stamp  tax  applies  to  official  papers,  instruments  of  writing, 
and  legal  documents,  which  school  officers  are  required  to  exe- 
cute, in  the  course  of  their  prescribed  duties,  under  the  School 
Law  of  this  State.  The  opinion  has  been  expressed  by  several, 
that  the  Excise  Law  contains  an  excepting  clause,  by  which 
school  documents  are  exempted  from  the  government  tax.  It  is 
important  that  this  erroneous  opinion  be  corrected.  The  law 
contains  no  such  excepting  clause,  and  school  officers  are  as 
much  bound  by  its  requirements  as  any  other  parties.  A  neglect 
or  refusal  to  obey  the  law  in  this  respect  will  be  followed  by  legal 
consequences  as  disastrous  to  school  interests  as  dangerous  to 
school  officers. 

The  Law  provides  that  for  non-stamping  such  legal  papers  as 
may  issue  from  the  hands  of  school  officers  and  Teachers,  "  the 
instrument,  document  or  paper"  so  issued  and  unstamped  "  shall 
be  deemed  invalid,  and  of  no  effect."  A  penalty  of  $50  is  pre- 
scribed for  non-compliance  with  the  Law.  The  Law  requires 
that  stamps  affixed  to  instruments  of  wi'iting  slmll  be  canceled 
by  the  person  using  them,  who  "  shall  write  thereupon  the  initials 
of  his  name,  or  deface  the  same  in  such  manner  as  shall  show 
clearly  and  distinctly  that  such  stamp  has  been  made  iTse  of,  and 
so  that  the  same  may  not  again  be  used."  It  is  customary  upon 
placing  the  stamp  upon  the  sheet  to  write  upon  the  face  of  it  the 
initials  of  the  name,  and  figures  representing  the  day  of  the 
month,  the  number  of  the  calendar  month,  and  the  year.  Thus  : 
"J.  S.— 15— 2— 63;"  John  Smith,  15th  day  of  second  month, 
1863.  The  penal  consequences  following  a  neglect  of  this  require- 
ment are  the  same  as  those  incurred  for  non-stamping. 

All  deeds  or  certificates  of  title,  mortgages,  bonds,  notes, 
schedules,  orders,  certificates  (as  the  certificates  issued  by  school 
commissioners  to  Teachers,  certificates  appended  to  schedules  by 
Teachers  and  Directors,  certificates  of  election — in  a  word,  all 


214  THE    STAMP    LAW. 

certificates,  of  every  description)  are  subject  to  the  operation  of 
the  stamp  excise.  The  spirit  of  the  Law  seems  to  be  that  all 
instruments  of  writing  which  may  or  can  be  used  as  evidence 
before  the  courts  in  any  manner  whatever  shall  be  stamped.  The 
followiog  list  will  be  found  useful  for  reference : 

ISaTRUMEKTS  SUBJECT  TO  TAX.  AM'T  OF  TAX. 

Deeds  with  consideration  of  $100  to  S500 50 

"         "  "  $500  to  SI, 000 $1.00 

"         "  "  $1,000  to  $2,500 2.00 

"         "  "  $2,500  to  $5,000 5.00 

"         "  "  $5,000  to  $10,000 ..10.00 

"         "  "  $10,000  to  $20,000 20.00 

Mortgages,  for  every  $200  or  fractional  part  thereof 10 

Bonds,  of  all  kinds,  each .50 

Notes,  upon  every  sum  of  $200  or  fractional  part  thereof,  if  payable  on 

demand,  or  any  time  not  exceeding  33  days  from  date  or  sight .01 

"     payable  in  not  less  than  33  days,  and  not  exceeding  63  days _       .02 

"     payable  in  not  less  than  63  days,  and  not  exceeding  93  days .03 

' '    payable  in  not  less  than  93  days,  and  not  exceeding  4  months  and 

grace .04 

"    payable  in  not  less  than  4  months,  and  not  exceeding  6  months  and 

grace .06 

"     exceeding  6  months  and  grace .10 

Orders,  under  $20 no  stamp. 

"      over  $20,  each  ., i...       .02 

Schedules,  on  each  certificate  belonging  thereto .05 

Certificates  (school)  of  aU  kinds,  each .05 

Teachers'  sqjiedules  must  be  twice  stamped.  A  schedule  is  a 
complex  instrument,  jDarts  of  which  are  taxable,  and  a  part  untax- 
able. The  schedule  proper  (which  is  simply  a  statistical  journal 
of  the  school)  requires  no  stamp.  The  certificates,  without  which 
the  schedule  can  not  be  legally  accredited,  must  each  be  stamped. 
I  make  no  account  of  the  order  attached  to  the  schedule,  as  that 
is  not  recognized  in  the  legal  form  prescribed  in  Section  53,  arid 
hence  constitutes  no  part  of  the  legal  schedule.  Whether  it  be 
best  to  attach  the  order  to  the  schedule  by  printing  or  writing  it 
upon  the  back  of  the  instrument  is  a  question  involving  considera- 
tions of  convenience  only  and  may  be  left  to  Directors. 

According  to  the  instructions  given  to  Teachers  in  a  circular 
issued  from  this  Department  in  February,  1863,  schedules  required 
but  a  single  stamp  of  ten  cents  each,  to  be  fixed  upon  the  instru- 
ment by  the  Teacher.     But  by  the  recent  changes  in  the  stamp 


THE   STAMP   LAW.  215 

law,  resulting  from  the  decisions  of  the  Commissioner  of  Internal 
Revenue  (which  decisions  have  been  embodied  in  the  published 
amendments  to  the  original  law),  a  schedule  now  requires  two 
stamps  instead  of  one,  said  stamps  to  be  affixed  to  the  certificates 
contained  in  the  schedule.  Originally,  miscellaneous  certificates 
reqixired  each  a  stamp  of  ten  cents ;  but  the  tax  on  such  papers 
has  been  reduced  one-half,  so  that  while  the  tax  upon  the  sched- 
ule is  still  ten  cents,  as  at  first,  the  instrument  now  requires  two 
stamps ;  the  first  (five  cents)  being  afiixed  by  the  Teacher  to  his 
certificate,  and  the  second  (five  cents)  by  the  Directors  to  their 
certificate. 

"Written  orders,  issued  by  school  officers,  for  the  payment  of  any 
sum  of  money,  require  to  be  stamped  when  the  amount  expressed 
in  the  order  is  $20  or  over.  The  law  is  that  an  "  order  for  the 
payment  of  any  sum  of  money  exceeding  $20,  drawn  upon  any 
person  or  persons,  at  sight  or  on  demand,  [shall  be  stamped]  two 
cents." 

All  orders,  wherever  or  however  written,  "  for  the  payment  of 
any  sum  of  money  exceeding  |20,"  require  to  be  stamped. 


SCHOOL  AECHITECTUEB.  217 


PART   III. 


SCHOOL  ARCHITECTURE. 

To  John  P.  Beooks, 

Superintendent  of  Public  Instruction : 

At  your  request,  I  have  prepared  several  designs  for  School 
Houses,  expressly  for  the  work  you  are  about  to  publish  for  gen- 
eral distribution  throughout  the  State. 

I  do  not  intend  in  these  designs  to  present  plans  in  themselves 
BO  minutely  complete  as  to  enable  a  builder  to  go  on  and  build 
directly  from  them,  for  the  reason  that  your  work  is  not  to  be  of  a 
character  suitable  to  admit  of  enlarged  detail  di'awings,  without 
which  I  should  not  be  willing,  as  an  Architect,  to  trust  my  designs 
to  be  executed  by  other  persons  at  my  risk. 

My  object  in  presenting  these  designs  and  plans  to  the  public 
is,  to  suggest  ideas  that  may  stimulate  every  school  district  to 
obtain  suitable  plans  from  some  competent  Architect,  together 
with  all  the  requisite  details  that  may  be  necessary  to  erect  a 
building  complete  in  itself  with  all  its  attending  requisites. 

We  are  in  a  comparatively  new  portion  of  the  country,  when 
we  consider  that  only  thirty  years  ago  the  first  public  school  was 
organized  in  Chicago,  and  for  ten  years  thereafter  the  schools 
were  taught  in  churches  and  such  other  places  as  could  be  readily 
obtained,  and  that  only  twenty  years  ago  the  first  public  school 
house  was  built  in  Chicago,  on  Madison  street,  and  is  now  used 
for  the  same  purpose.  Our  children  are  now  instructed  by  teachers 
from  older  eastern  communities,  and  the  present  adult  portion  of 
society  does  take,  and  must  take  upon  itself  the  control  and  man- 
agement of  all  our  educational  interests,  until  the  rising  generation 


218  SCHOOL   AECHITECTUEE. 

ias  arrived  at  the  proj^er  and  mature  age,  and  become,  as  I  hope 
an  educated  people.  "  Intelligence  is  a  pi'imary  ingredient  in  the 
■wealth  of  nations,"  and  everything  that  tends  to  elevate  or  en- 
lighten the  mind,  should  be  done  so  far  as  it  practically  can  be  in 
all  of  our  school  buildings.  In  every  instance  good,  well  qualified 
teachers  should  be  selected,  "whUst  the  sUent  monitions  of  the 
school  house  should  not  be  neglected. 

Now  my  theory  is,  that  every  school  house  should  have  the 
marks  of  civilization  and  culture  in  its  construction,  or  in  other 
words,  should  be  a  monumental  education  in  itself,  shoiild  have 
suflicient  style  about  it  to  attract  the  scholars,  so  as  to  arrest  their 
attention  to  all  its  various  parts.  This  of  itself  will  elevate  the 
mind  of  such  children  as  by  circumstances  have  never  entered  the 
apartments  of  a  well  finished  building.  Such  children  should  be 
instructed  in  all  the  principles  of  construction  and  ventilation,  and 
their  benefits  upon  the  jihysical  system.  We  are  indebted  for  most 
of  all  we  now  enjoy  to  those  who  have  gone  before  us.  All  have 
derived  benefits  from  their  ancestors,  and  all  are  morally  bound 
to  transmit  those  benefits  in  an  improved'^condition  to  posterity. 

The  designs  and  plans  which  I  have  prefaced  will  be  found 
following.  The  design  below  [No.  1]  is  that  of  a  common  and 
plain  district  school  house. 

This  style  of  school  house  is,  in  my  judgment,  as  plain  a  build- 
ing as  should  be  erected  anywhere.  Its  particular  points  of 
advantage  consist  in  the  arrangements  of  the  entrance  by  a 
recess  or  alcove  in  front  which  is  always  to  remain  open.  On 
either  side  of  this  alcove  is  an  entrance  for  the  scholars  of  the  differ- 
ent sexes,  which  forms  a  closet  for  hanging  clothes,  &c.,  and  from 
which  they  enter  the  school  room.  The  teacher's  desk  and  plat- 
form being  in  the  centre  and  up  against  the  alcove  in  front,  with  a 
window  opening  into  the  alcove,  gives  the  teacher  full  view  of  the 
approach  of  scholars. 

The  size  of  building  from  this  design  is  25  x  35  feet  on  the 
ground,  and  is  calculated  to  accommodate  56  scholars,  and  cost, 
ordinarily,  about  one  thousand  dollars. 


SCHOOL  ARCHITECTUEB. 
DESIGN  NO.  1. 


219 


mn    1     1 

^ 

'  '  U 

'  'n 

1  1  1 

— '  ""I 

'  '  1 

A 

1 

B           n 

>1 

I    1 

°      1 

y 

1           A 

mtm       1  ■■■ 

■]'        » 

ELEVATION. 

GROUND    PLAN 

A, 

School  Room. 

B, 

Teacher's  Desk. 

c, 

Passage  and  "Wardrobes. 

D, 

Open  Vestibule. 

E, 

Ventilators. 

Design  ISTo.  2  is  for  a  building  suitable  for  an  upper  and  lower 
grade  of  scliool.  The  lower  floor  is  calculated  for  a  lower  grade 
and  the  second  floor  for  an  upper  grade,  and  wiU  accommodate 
about  100  scholars  in  each  room.  Size  of  the  building,  30x42, 
besides  the  tower,  and  will  cost  about  85,000. 


220 


SCHOOL  AECHITECTTJEE. 


ELEVATION   OF  HIGH  SCHOOL. 


SCUOOL  AECHITECTURB. 


221 


EXPLANATION. 

A,  School  Room. 

B,  Teacher's  Desk. 

C,  'Wardrobes  and  Closets. 

D,  Vestibule. 

E,  Ordinary  Ventilators  in  the  walls. 


222  SCHOOL   AEOHITECTUEE. 

Design  No.  3  is  for  a  very  extensive  city  school  building,  cal- 
culated to  accommodate  scholars  from  the  primary  to  the"  hio-h 
school  departments,  and  will  accommodate  60  scholars  each. 
Size  65  X  80  feet,  besides  the  towers,  and  will  cost  about  $25,000. 


SCHOOL  AECHITECTUEB. 


223 


PLAN   OF  HIGH   SCHOOL. 


224 


SCHOOL  AECHITECTUEE. 


PLAN    OF   2d    FLOOR. 

A,  School  Rorma.  B,  Dressing  Rooms.  C,  Halls.  D,  Cabinets  and  Library. 

E,  Stairs.  E,  Teacher's  Desk.  G,  Ventilating  Shaft. 


SCHOOL  AKCHITECTUEE. 


225 


15 


PLAN  OF  3d  FLOOR. 


SCHOOL  ARCHITECTURE.  227 

I  should  propose  to  heat  this,  as  well  as  all  other  school  build- 
ings of  any  considerable  size,  by  steam.  Gold's  patent  low  pres- 
sure steam  heating  apparatus  I  consider  the  most  desirable  for 
heating  as  well  as  ventilating  school  buildings.  By  this  method 
the  warmed  air  enters  the  room  as  pure  as  the  open  free  breeze 
can  be  obtained  direct  from  outside,  and  with  a  proper  ventila- 
ting air  duct,  the  vitiated  air  in  the  school  room  will  be  con- 
stantly escaping,  and  cannot  become  impure  by  respiration,  so 
much  as  to  effect  the  active  mental  energies  of  the  scholars  or 
teachers. 

Steam  heating  by  coils  of  pipe  in  the  school  rooms  cannot  be 
otherwise  than  injurious  to  all  who  occupy  the  room,  for  the  rea- 
son that  the  air  in  the  room  is  heated  over  and  over  agam.  By 
Gold's  system,  the  heat  is  generated  in  the  cellar,  and  fresh  air 
is  brought  directly  from  the  outside  to  the  heating  chamber,  and 
conducted  to  the  room  as  fresh  as  air  can  be  obtained.  The 
smoke  flue  from  the  furnace  I  would  recommend  to  be  constructed 
from  Sidney  M.  Stone's  patent  ventilating  flue,  which  consists  of 
a  cast  iron  tube  inserted  within  a  brick  flue  directly  in  the  center, 
leaving  a  free  space  all  around  the  smoke  pipe  of  sufticient  size  to 
give  ample  escape  for  all  the  various  rooms  to  be  ventilated.  This 
chimney  in  cold  weather  being  constantly  heated,  will  secure  a 
free  and  active  ventilation  from  all  the  rooms,  which  should  be 
connected  by  tubes  or  boxes  at  the  floor  and  ceiling,  so  that  either 
or  both  can  be  used  at  pleasure.  In  warm  weather  a  very  light 
fire  can  be  kept  up  in  the  cellar,  which  will  heat  the  ventilating  shaft 
without  imparting  any  heat  in  other  parts  of  the  building.  In 
order  to  secure  ventilation  in  warm  weather,  some  artificial  heat 
must  be  applied  to  excite  the  draft.  By  the  introduction  of  these 
two  systems,  I  think  the  most  complete  arrangement  for  heating 
and  ventilation  is  secured  for  school  buildings. 

I  have  thought  it  proper  to  notice  the  University  of  Chicago,* 
in  brief.  The  remarks  below  will  be  followed  with  a  perspective 
view  of  front  elevation  of  the  University. 

This  Institution  is  situated  at  the  southern  extremity  of  the  city, 
in  a  beautiful  site,  known  as  Cottage  Grove.     The  ground  upon 


*  This  building  is  being  erected  under  the  architectural  supervision  of  Wm.  W. 
Boyington,  Architect,  Chicago. 


228  SCHOOL   AECHITECTimE. 

■which  the  buildings  are  located  was  donated  to  the  institution  by 
the  late  Judge  Douglas.  The  location  is  one  of  the  most  beau- 
tiful adjacent  to  Chicago  for  an  institution  of  learning.  The 
ti-act  of  land  donated  for  the  University  grounds,  contains  ten 
acres,  in  the  center  of  which  the  buildings  are  located,  fronting 
the  lake.  The  south  wing  and  corridor  were  built  in  the  years 
1858-9,  and  the  Institutipn  was  first  opened  in  1859,  with  a  corps 
of  professors  under  the  immediate  supervision  of  Rev.  J.  C. 
BuiToughs,  President.  The  success  with  which  the  Institution  has 
been  patronized  from  the  time  it  was  opened  to  the  present,  plainly 
manifests  the  appreciation  in  which  it  is  held  by  the  public. 
Applications  for  admission  have  to  be  refused  constantly.  It  is 
expected,  however,  that  this  embarrassing  necessity  will  soon  be 
obviated. 

The  main  building  is  now  in  process  of  erection,  and  is  expected 
to  be  so  far  finished  as  to  be  used  in  part  during  the  fall  and 
winter  term  of  the  present  year. 

The  size  of  the  main  building  is,  in  its  extreme,  150  feet  long, 
by  100  feet  wide,  and  90  feet  high.  The  main  tower  in  the  cen- 
ter will  be  grand  and  imposing,  and  will  be  156  feet  high.  There 
is  a  turret  at  each  corner  of  the  main  building,  120  feet  high. 

The  main  entrance  to  the  building  is  through  a  splendidly 
wrought  stone  arched  doorway  in  the  main  tower. 

There  is  to  be  a  wing  and  corridor  on  the  north  of  the  main 
building,  of  the  same  size  on  the  ground  as  the  south  wing  and 
corridor  now  buUt;  the  size  of  the  corridors  is  45  x  44,  and  the 
wings  46  X  67  feet.  The  south  wing  and  corridors  are  designed 
for  studios  and  dormitories,  and  the  north  wing  for  preparatory 
department,  library,  art  gallery  and  museum.  The  main  building 
is  to  be  used  for  President's  and  Professors'  departments,  together 
with  the  morning  and  main  Chapel. 

This  set  of  buildings,  when  fully  completed,  will  present  an 
imposing  and  magnificent  appearance. 

The  material  of  the  entire  edifice  is  Athens  stone,  there  being 
no  wood  work  about  the  walls,  save  the  door  and  window  frames. 
The  style  of  architecture  is  purely  Norman,  of  modern  propor- 
tions, with  fine  cut  stone  trimmings,  and  rock-faced  ashlar,  a  style 
peculiarly  well  adapted  to  buildings  of  this  description.  The 
entire  cost  of  the  buildings  will  be  about  $175,000,  exclusive  of 
the  Astronomical  Observatory,  which  is  now  in  process  of  erection, 


SCHOOL  AECHITECTIJEE.  229 

on  the  -west  fi'ont,  directly  opposite  the  main  towei*  on  the  east 
front,  and  is  being  built  in  the  same  style  as  the  other  buildings. 
The  observatory  will  form  a  very  conspicuous  portion  of  the 
group  of  buildings  when  comi^letely  finished,  according  to  the 
present  designs. 

WM.  W.  BOYINGTON", 

Architect,  State  St.,  Chicago. 


•ilKiSil 


liiiililUll!lllllllIililllilllLil 


Jlili^    dJMtl^^  «S;lii 


SCHOOL  FUIRNITUBK.  231 


SCHOOL  FURNITURE. 

It  is  a  matter  of  great  importance,  that  Directors  and  those 
having  in  charge  the  furnishing  of  our  school  buildings,  should 
become  familiar  with  the  most  approved  styles  of  desks  and  seats. 
The  difference  in  expense  of  seating  a  house  with  good,  substan- 
tial and  convenient  seats  is  so  trifling  in  difference  over  that  of 
botching  a  job  by  those  who  are  ignorant  of  the  business,  that 
there  seems  to  be  no  excuse  for  so  many  incommodious  and  ill 
arranged  seatings  in  school  houses  as  we  find  them. 

In  no  case  should  each  seat  and  desk  be  made  to  accommodate 
more  than  two  pupils.  If  the  desk  is  single,  it  is  considered  a 
still  better  arrangement,  though  the  single  seat  involves  a  much 
larger  expenditure,  as  the  expense  is  much  greater  in  proportion, 
and  it  also  requires  much  more  room  to  accommodate  the  same 
number  of  pupils,  thus  involving  the  additional  expenditure  of  a 
school  building  at  least  one-third  larger  to  contain  an  equal  num- 
ber of  pupils  with  the  double  seatiugs. 

Herewith  is  presented  some  of  the  most  approved  styles  of 
modern  furniture.  The  cheapest  and  most  desii'able  for  general 
use  is  what  is  called  the  Combination  Desk,  the  seat  and  desk 
being  attached,  thus  saving  the  expense  of  separate  chairs.  Some 
of  these  are  made  with  wood  end  supports,  which  may  save  a 
trifle  in  expense,  but  not  enough  to  pay  for  the  sacrifice  of  gOod, 
substantial  iron  end  pieces,  or  stanchions. 

The  following  cut  represents  a  desirable  style  of  the  Combina- 
tion Desk  and  Seat. 

Attention  is  particularly  called  to  this  design,  as  being  tasteful, 
convenient,  cheap  and  durable. 

The  stanchions,  or  end  pieces,  are  iron,  to  which  the  wood  work 
is  fastened  with  screws,  making  the  desk  convenient  for  shijDping, 
as  it  can  readily  be  put  together. 


232 


SCHOOL  FUEJaTUKE. 


COMBINATION  SEAT  AND  DESK 

The  expense  of  this  desk  is  btit  a  trifle  more  than  if  made  ^^ith 
clumsy  wood  ends,  whUe  it  contains  the  essential  requisites  of  a 
good  desk  and  seat,  being  conveneint  to  sweep  around,  and  the 
shape  of  the  end  pieces  allows  the  pupil  to  get  in  and  out  of  his 
seat  without  difficulty.  It  is  durable,  and  withal  tasteful  in  its 
appearance. 

The  standard  length  of  this  desk  is  three  feet  six  inches,  for  two 
pupils,  and  it  is  made  of  four  different  sizes,  with  seats  from  16  to 
12  inches  high,  to  accommodate  all  grades  of  pupils — size  A  being 
the  highest,  then  B,  C  and  D,  graded  in  regular  order.  In  addi- 
tion, there  is  a  back  and  seat,  made  to  correspond  with  the  others 
to  place  in  the  rear  of  the  room,  or  for  a  recitation  seat.  The 
desk  is  permanently  fastened  to  the  floor  by  means  of  screws.  In 
grading,  where  diflerent  sizes  are  required  in  the  same  room,  the 
smallest  size  should  be  placed  in  front,  and  the  largest  at  the  back 
of  the  room.  Care  should  be  taken  in  ordering,  to  have  all,  in 
each  row  across  the  room,  of  the  same  size. 

Price,  nicely  finished,  varnished,  supplied  with  best  ink  well, 
screws  for  fastening,  and  all  complete,  boxed  and  delivered  at 
any  depot  in  the  city, 

The  fbllowing  represents  what  is  known  as  the  Cincinnati  or 
St.  Louis  desk,  as  it  is  used  to  considerable  extent  in  the  primaiy 
schools  of  both  of  those  cities. 


SCHOOL  FURNITURE. 


233 


ST.  LOUIS  DESK. 

This  is  a  very  clieap,  neat  and  convenient  seat  for  small  jDUj^ils. 
It  is  substantial,  occupies  but  little  space  and  allows  all  the  pupils 
to  rise  in  their  places,  without  stepping  into  the  aisles. 

Those  persons  desirmg  (for  more  expensive  buildings)  desks 
and  chairs  wiU  find  the  following  representations  among  the  very- 
best. 


SINGLE  PRIMARY  DESK  AND  CHAIR. 

Higtt  of  the  frontl^f  desk  from  the  floor,  22  inches;  chair,  12  inches.    Length 
of  desk,  1  foot  6  inch. 


DOUBLE  PRIMARY  DESK  AND    HAIRS. 
Hight  of  diesk,  22  inches;  chair,  12  inches.     Length  of  desk,  3  feet. 


234 


SCHOOL  FUENITirEE. 


INTERMEDIATE  DOUBLE  DESK  AND  CHAIRS. 

These  are  made  of  two  sizes.    Hight  of  desk,  23  and  25  inches;  chairs,  13  and 
«       14  inches.     Length  of  desk,  3  feet  4  inches. 


GRAMMAR  DOUBLE  DESK  AND  CHAIRS, 

Two  sizes — Hight,  26  and  27  inches;  chairs,  15  and  16  inches. 


SCHOOL  FUKNITXJEE. 


235 


The  intermediate  and  grammar  desks  should  be  supplied  with 
good  Ink  Wells.  This  is  a  matter  of  economy  as  well  as  a  great 
convenience,  and  security  of  neatness.  The  following  cuts  and 
explanations  will  give  a  complete  representation  of  the  very  best 
Well  known  to  the  author. 


G.  &  H.  M.  Sherwood's  Patent  Ink  Well,  for  Schools. 

Explanation. — Fig.  1  represents  a  top  view"  of  the  cover.  Fig.  2,  a  top  view 
of  tlie  Well  without  the  cover.  Fig.  3,  a  bottom  view  of  the  cover.  Fig.  4,  an 
edge  view  of  the  cover.  Fig.  5,  a  view  of  "Well  complete.  Fig.  6,  a  key  to 
screw  on  and  unscrew  cover.  The  Ink  Well  (fig.  5)  is  inserted  into  the  desk 
through  a  hole  bored  for  the  purpose,  so  that  the  flange  [which  is  of  considera- 
bly larger  diameter  than  the  body]  rests  upon  the  surface  of  the  desk,  and  is 
secured  in  place  by  screws  inserted  in  countersunk  holes.  The  flange  of  the 
"Well  has  turned  down  on  its  outer  edge  a  lip,  which  alone  rests  on  the  desk, 
leaving  a  space  within,  below  the  interior  part  of  the  flange.  This  space  is 
provided  for  the  purpose  of  allowing  room  in  which  pins  or  studs  projecting 
downward  from  the  lower  side  of  the  cover  may  freely  move.  The  pins  have  en- 
larged ends,  or  heads  [as  seen  in  fig.  4],  and  are  first  inserted  through  apertures 
made  large  enough  to  admit  them  freely  in  the  flange  of  "Well,  as  represented  in 
cut  [fig.  2].  From  these  apertures  extend,  concentrically  in  opposite  direc- 
tions, curved  slots,  just  wide  enough  to  aUow  the  necks  of  the  pins  to  pass  freely 
[as  seen  in  fig.  2].  The  lower  edges  of  these  slots  have  a  slight  inclmation 
downward  from  the  apertures,  so  that  as  the  cover  is  turned  round  the  heads 
of  the  pins  become  wedged  against  the  inclined  surfaces,  and  draw  the  cover 
closely  down  upon  the  Well,  on  which  ■  it  is  made  to  fit  tightly.  The  cover  is 
fastened  by  means  of  a  key  [fig.  6]. 

This  new  Well  is  simple,  and  it  is  confidently  believed  that, 
while  it  contains  the  combined  excellencies  of  the  best  Wells 
now  in  use,  it  remedies  the  defects  of  all ; 

1st.  By  this  invention  a  very  convenient,  neat  and  secure  fast- 
ening for  the  cover  is  produced,  which  can  only  be  removed  with 
the  key  provided  for  it,  which  is  to  be^kept  by  the  teacher  or 
janitor. 


236 


SCHOOL  PUENITUEE. 


2d.  The  "Well  itself,  after  being  fastened  by  two  common  screws, 
never  has  to  be  removed — the  glass  lining  only  being  removed 
when  necessary  for  cleaning,  which  can  be  done  by  imscrewiog 
the  cap  with  a  simple  tnrn  of  the  key. 

3d.  It  will  not  get  ont  of  order,  as  by  its  simplicity  of  arrange- 
ment there  is  no  lining  to  corrode.  It  cannot  burst  and  spiU  the 
ink — and  cannot  be  removed  andlost  by  the  pupils. 

4th.  It  can  be  used  in  the  holes  where  other  wells  have  been 
inserted. 

5th.  It  is  economical,  as  the  expenditure  for  each  pupil  (where 
double  desks  are  used)  is  but  twelve  and  a  half  cents  for  his 
whole  school  going  time. 

Price  of  Ink  "Well,  per  dozen,  $3 ;  necessary  keys  furnished 
gratis. 

The  following  engavings  represent  some  of  the  most  desirable 
styles  ot  teachers'  desks. 


Teacher's  Desk. 


SCHOOL   FURNITURE. 


237 


Teacher's  Desk, 


Teacher's  Desk. 


Teacher's  Desk. 


238  SCHOOL   APPAEATUS. 


SCHOOL  APPARATUS. 

Teachers  and  school  officers  should  be  impressed  with  the  idea 
that  they  are  dealing  with  the  life  of  their  pupils ;  that  all  pro- 
cesses and  methods  should  conform  to  nature's  plan,  securing  the 
greatest  amount  of  progress  and  development  in  a  given  time. 

Among  all  the  means  devised  by  the  practical,  earnest  educa- 
tors of  the  age,  none  has  been  more  fruitful  of  beneficial  results 
than  that  of  visible  illustrations,  in  which  it  may  almost  be  said 
that  seeing  is  hnowing. 

Nature's  plan  (and  she  is  rarely  improved  upon)  is,  to  reach 
the  mind  through  the  senses. 

We  can  communicate  the  idea  of  the  fragrance  of  the  rose  to 
the  child  much  better  through  his  sense  of  smelling  than  by  a 
verbal  or  written  description. 

How  unsatisfactory  are  all  attempts  to  convey  to  the  mind,  in 
language,  that  which  may  be  taken  in  by  the  eye.  *'  Having  eyes 
they  see  not,"  may  too  frequently  be  found  the  cause  of  super- 
ficial and  inaccm-ate  scholarship  among  our  most  industrious 
students. 

To  attempt  to  teach  the  revolution  of  the  earth ;  the  cause  of 
day  and  night ;  the  change  of  seasons ;  latitude  and  longitude, 
without  a  Globe ;  the  motions  of  the  heavenly  bodies  without  a 
Tellurian  or  Orrery;  attraction  without  a  Magnet;  cube  root 
without  the  Blocks ;  contour  or  locality  without  the  use  of  proper 
"Wall  Maps,  is  an  unnecessary  and  inexcusable  waste  of  time. 

Below  are  represented  a  few  articles  of  apparatus  that  are  in- 
dispensable to  every  well  furnished  school. 


SCHOOL  APPAEATU8. 


239 


Holbrook's  Geared  Tellarian. 

Thfi  Tellurian  is  designed  to  illustrate  the  various  phenomena 
resulting  from  the  relations  of  the  sun,  moon  and  earth  to  each 
other,  such  as  cause  of  day  and  night,  change  of  seasons,  different- 
lengths  of  day  and  night,  changes  of  the  moon,  eclipses,  etc. 


240 


SCHOOL  APPAEATUS. 


The  foregoing  is  one  of  the  cheajDest  styles  of  Globes,  which  will 
answer  a  purpose  to  give  a  general  idea  of  the  shape  and  motions 
of  the  earth,  and  relative  positions  of  the  more  important  coun- 
tries as  represented  on  the  globe. 


WATER,a-SQN. 

This  Globe  is  one  of  the  very  best  in  size  and,  style  for  general 
use.  It  is  not  so  large  as  to  be  very  expensive,  while  at  the  same 
time  it  is  large  enough  to  fully  answer  the  purpose  of  illustration 
for  which  a  globe  is  needed.  It  has  a  movable  horizon,  and  it  being 
eight  inches  in  diamete*  gives  it  a  scale  of  an  inch  to  a  thousand 
miles,  as  compared  with  the  earth,  making,  for  all  practical  pur- 
poses an  inch  on  the  surface  of  the  ball  a  thousand  miles. 


SCHOOL  APPAKATUS. 


241 


The  foregoing  represents  a  Globe  composed  of  two  hemispheres 
and  united  by  a  hinge.  The  two  hemispheres  are  represented 
both  on  the  flat  and  convex  surfaces  of  the  same.  This  is  an  m- 
valuable  aid  to  the  pupil  in  getting  a  correct  idea  of  a  representa- 
tion of  a  map  of  the  world  on  a  flat  surface. 

GEOMETRICAL  SOLIDS. 
These  solids  will  give  pupils  definite  ideas  of  the  shapes  of 
solids  that  cannot  possibly  be  given  by  mere  words  of  description. 
For  explaining  the  rules  for  mensuration  or  solid  measurement, 
they  afibrd  the  only  proper  means. 


Hexagonal  Prism.        Prism.         Triangular  Prism.        Cylinder. 


rVKAMlD    and   i^RUSTUM. 
16 


OoNS  AND  Frustum. 


242 


SCHOOL  APPABATPSii 


s 


Cubes. 


» 


E2 


^^^v^^^^7=7 


\    \  \X 


N^.     V  -  ■-^: 


\     N 


Par  A  LLELOPEPEDS. 


SCHOOL  APPABATtrS* 


24ft 


Carpentee's  TnEO^ir. 


The  first  use  of  these  solids  is  for  definitions.  The  best  defini- 
nition  of  a  horse  or  dog  is  the  horse  or  dog  itself.  The  great 
Pestalozzean  idea  of  teaching  is  to  always  present  the  thing  itseli 
when  it  can  be  done,  and  never  burden  the  mind  with  descrip- 
tions which  are  unintelligible.  It  follows  that  the  best  definition 
for  sphere,  cube,  cone,  pyramid,  or  prism,  is  the  object  presented 
to  the  eye.  For  this  purpose  they  are  needed  in  primary  schools. 
But  they  also  afibrd  the  best  illustrations  of  square  and  solid 
measurement. 

Forms  and  Solids  for  Objeci-Teaching. 


Triangle. 


Kight-angled      Eqilateral  Triangle.     Isosceles 
Triangle.  Triangle. 


Parallelogram  or 

Eectangle.  Trarpezium.  Khomb. 


17^7 


Bhomboid. 


Sauare.  Pentagon  Hexagon.  Heptagon.  Octagon, 


244 


SCHOOL   APPARATUS. 


The  above  forms 
are  all  made  in  dupli- 
cates, and  can  be 
made  extremely  use- 
ful in  illustrating  nu- 
merous figures  and 
forms. 


Nnmeral  Tiamc. 


SCHOOL  APPAEATUS.  246 

The  Numeral  Frame  is  designed  more  particularly  for  primary 
schools,  but  in  the  bands  of  a  skillful  teacher  it  is  equally  service- 
able in  intermediate  and  grammar  schools.  Wherever  young 
pupils  require  illustrations  to  enable  them  fully  to  comprehend 
operations  with  abstract  mathematical  quantities,  this  frame  fur- 
nishes the  readiest  mode  of  giving  the  desired  instruction. 

The  illustrations  used  in  the  foregoing  articles  relating  to  School 
Furniture  and  School  Apparatus,  have  been  furnished  for  the 
"  Manual  "  by  Geo.  and  C.  W.  Sherwood,  of  Chicago,  Publish- 
ers, and  manufacturers  of  School  Furniture  and  Apparatus. 
Other  and  similar  styles  of  furniture  and  apj^aratus  are  manufac- 
tured in  New  York,  Buffalo  and  Cincinnati,  and  have  been  intro- 
duced into  western  schools  to  a  limited  extent.  Some  of  these 
manufacturers  have  duly  authorized  agents  in  Chicago,  where 
their  fui*niture  may  be  obtained. 

OUTLINE  MAPS. 
Among  the  necessary  articles  of  the  school  room  are  Outline 
Maps.  Of  these  there  are  several  sets  before  the  public.  Mitch- 
ell's Maps  are  perhaps  more  generally  used  than  any  others,  and 
seem  to  be  well  adapted  to  the  wants  of  our  district  schools. 
The  Maps  spoken  of,  as  revised  by  Prof  Camp,  and  used  in  con- 
nection with  Camp's  Geographies,  (which  are  prepared  on  the 
outline  plan,  and  designed  to  accompany  Mitchell's  Maps,)  may 
be  used  with  excellent  effect,  as  they  may  also  be  when  used  with 
any  other  standard  geography. 


246.  PHYSICAL   CULTURE. 


PHYSICAL  CULTURE. 

During  the  last  five  years,  more  than  at  any  previous  time  in 
the  history  of  this  country,  the  attention  of  leading  educational 
minds  has  been  directed  to  the  importance  of  a  thorough  system- 
atic training  of  the  body  to  give  it  health  and  -vdgor. 

One  of  the  first  requisites  to  secure  success  and  happiness  in 
fulfilling  our  mission  as  individuals  or  a  nation,  is  healthy,  active 
physical  power. 

It  has  come  to  be  admitted  by  all,  that  a  sound  mind  cannot  be 
the  tenant  of  a  sickly  body, — so  that  no  teacher  can  be  regarded 
as  discharging  his  duty  to  community  who  does  not  devote  some 
attention  to  Gymnastics  and  Calisthenic  exercises. 

There  is  a  constantly  increasing  demand  for  convenient  gym- 
nastic apparatus^  and  for  works  containing  model  exercises  suited 
for  schools.  Only  a  few  simple  pieces  of  apparatus  are  necessary, 
such  as  wooden  dumb-bells,  Indian  clubs,  wands  and  hand-rings. 

We  take  pleasure,  in  this  connection,  in  referring  to  the  Hand 
Book  of  Calisthenics  and  Gymnastics,  a  complete  Drill  Book  for 
Schools,  Families  and  Gymnasiums,  with  Music  and  Vocal  Exer- 
cises accompanying,  by  J.  Madison  Watson,  a  most  scientific 
and  practical  work.  A  manual  of  Gymnastic  Exercises  for 
Schools  and  Families,  by  Samuel  W.  Mason,  contains  many 
valuable  exercises. 


FOEMS   FOR  PEOCEEDIlSrGS,   ETC.  247 


FORMS  FOR  PROCEEDINGS  UNDER  THE 
SCHOOL  LAW. 

At  a  convention  of  county  school  commissioners  of  the  State 
of  Illinois,  held  in  the  city  of  Bloomington,  October  1st,  1863,  a 
special  committee,  consisting  of  C.  P.  Taggart,  of  Peoria ;  J.  M. 
Pace,  of  Jeflerson,  and  John  B.  McCleery,  of  Livingston,  was 
appointed  to  consider  the  subject  of  "  Forms  for  Proceedings 
under  the  School  Law.''''  After  due  deliberation,  the  committee 
submitted  the  following  report,  and  it  was  unanimously  adopted 
by  the  convention,  to  wit. : — 

"  Your  Committee,  after  a  careful  and  thorough  examination  of 
Adams'  Series  of  School  Records,  published  by  Adams  &  Black- 
mer,  of  Rockford,  Illinois,  consisting  of  Teachers'  Daily  Regis- 
ters, Class  Books,  School  Ledgers,  School  Tablets,  Teachers' 
Schedules,  etc.  Also  of  District  School  Records,  Township 
Treasurers'  Books,  and  other  School  Blanks,  would  recommend  the 
publications  of  Messrs,  Adams  &  Blackmer,  as  constituting  the 
best  system  of  Records  extant,  with  which  we  are  acquainted. 
And  as  an  expression  of  the  sense  of  this  convention  upon  this 
subject,  we  would  submit  the  following  resolution,  and  ask  for  it 
a  unanimous  adoption : 

"Hesolved,  That  the  Series  of  School  Records  published  by 

Adams  &  Blackmer,  of  Rockford,  be  officially  recommended  to 
Teachers  and  School  Officers  throughout  this  State,  and  that  the 
State  Superintendent  be  respectfully  requested  to  call  the  atten- 
tion of  School  Directors,  Township  Trustees  and  Treasurers,  and 
all  other  School  Officers  and  Teachers,  to  theu*  great  importance, 
and  to  adopt  such  measures  as  he  may  deem  proper  with  his  offi- 
cial duties,  for  their  adoption  by  all  the  schools  throughout  the 
State.  C.  P.  Taggaet,  ) 

J.  M.  Pace,  >■  Oommittee.''^ 

John  B.  McCleeky,  ) 

•  In  accordance  with  this  resolution,  and  by  the  request  of  the 
Publishers,  the  whole  series  of  Blank  Books  and  Forms  men- 
tioned in  the  foregoing  report,  'underwent  a  thorough  and  rigid 


248 


FOEMS  FOR  PKOCEEDINGS,  #rC. 


examination  and  revision  by  this  Department.  They  are  popu- 
larly known  as  "  Adams'  System  of  School  Records  for  the  use 
of  Teachers  and  School  Officers."  And  they  comprise  every 
thing  that  can  be  desired  in  the  way  of  ready  prepared,  conveni- 
ent and  systematic  forms,  adapted  to  the  business  of  the  office, 
the  proceedings  of  the  Board,  or  the  exercises  of  the  school  room. 
In  presenting  specimens  of  these  valuable  forms,  we  will 
arrange  them  in  their  natural  order. 

I.     FOR  THE  USE  OP  SCHOOL  DIRECTORS. 
Form  1.     Election  Notice. 

Notice  is  hereby  given,  That  on the day  of 186  ,  a 

School  District  Election  will  be  held  at in  School  District  No Town- 
ship No.  Range  No. County  of and  State  of  Illinois,   for  the 

purpose  of The  Polls  of  which  election  will  be  open  at o'  clock  .  . 

M. ,  and  will  continue  open  until o'  clock  . .  M. ,  of  the  same  day. 


School  Directors. 


Dated, 186  .  ) 

In  new  districts  the  first  election  may  be  held  on  any  Monday, 

notice  being  given  by  the  Township  Treasurer,  as  for  the  election 

of  Trustees.     In  organized  districts,  notice  of  all  elections  shall 

be  given  by  the  Dii-ectors  at  least  ten  days  previous  to  the  day  of 

said  election ;   the  notice  being  posted  in  at  least  three  of  the 

most  public  places  in  the  district,  and    shall  specify  the  place 

where  such  election  is  to  be  held,  the  time  of  opening  and  closing 

the  polls,  and  the  question  or  questions  to  be  voted  on. 

The  regular  time  for  holding  meetings  for  the  election  of  school 

director  or  directors,  is  on  the  second  Monday  in  August,  and  it 

is  imj^ortant  that  such  elections  be  held  on  that  day.      See  School 

Law,  sec.  42. 

Form  2.     Poll  Book. 

List  of  Voters  at  an  Election  held  on  the day  of A.  D.  186  ,  at  the 

in  School  District  No. Township  No. Range  No in  the 

County  of and  State  of  Illinois. 


No. 


Names. 


No. 


Names. 


Tally  List. 


Names  of  persons  or  objects  voted  for. 


Tallies. 


FOEMS  rOE  PEOCEEDINGS,   ETC.  240 


Returns  of  Election. 
Summary  of  votes  cast  for  Persons  or  Objects  voted  for. 

Received Votes  for  School  Director. 

Received ..Votes  for  School  Director. 

Received Votes  for  School  Director. 

Received Votes  for 

..Received Votes  for 


Certificate  of  Election. 

TVe  hereby  Certify,  that  from  the  results  above  given was  duly  elected 

School  Director  for  this  School  District,  for  the  term  of  three  years  from  this 
date,  and  until  his  successor  is  elected.     Also  that 

.,  y  Judges  of  Election. 

Cle7-!c  of  the  Election . 

This  book  is  made  on  double  sheet  flat  cap  paper,  and  con- 
tains 4  pages.  The  1st  page  contains  a  record  of  the  filing  in  the 
office  of  the  Township  Treasurer ;  the  2nd,  a  list  of  voters  at  the 
election ;  the  3rd,  a  summary  of  the  votes  cast  for  the  different 
candidates  or  objects  voted  for,  and  the  4th,  a  tally  list;  the 
whole  arranged  according  to  the  School  Law  of  1861,  and  is  of 
the  utmost  importance  to  the  good  order  and  legality  of  School 
District  proceedings. 

"  After  every  election  of  directors,  the  judges  shall  cause  the 
poll  book  to  be  delivered  to  the  townshij)  treasurer,  with  a  cer- 
tificate thereon  showing  the  election  of  said  directors  and  names 
of  the  persons  elected;  which  poll  book  shall  be  filed  by  the 
township  treasurer,  and  shall  be  evidence  of  said  election."  See 
section  42. 

Form  3.    Tax  Certificate. 

"We  hereby  certify,  that  we  require  the  rate  of to  be  levied,  for  School 

purposes,  on  all  the  taxable  property  of  our  district,  for  the  year  186  ,  and  also 
that  the  following  is  a  hst  of  tax  payers  in  said  district: 

Given  under  our  hands  this day  of 186  . 

}  Directors  District  No. 
Township  No. Range 
No. County  of 
and  State  of,  Illinois. 

Names.  Names. 


250 


FORMS  FOE  PBOCEEDINGS,   ETC. 


The  names  of  the  tax  payers  are  to  be  written  out  in  full  in 

alphabetical  order,  for  the  convenience  of  the  clerk  of  the  Board 

of  Supervisors,  or  the  clerk  of  the  County  Court,  and  filed  in  his 

office,  properly  certified  by  the  Board  of  Directors,  on  or  before 

^the  second  Monday  in  September.     See  section  44. 

Form  4.     Census  Reports, 

Census  Report  of  persons  between  the  ages  of  five  and  twenty-one  years,  and 

also  of  persons  under  twenty-one  years  of  age,  residing  in  School  District  No 

Township  No Range  No in  County  of and  State  of  111.,  on 186  . 


Names  of  Parents  ob  Guardians. 


2   =8   =! 


o  a 


•5 -a  • 


a|!5      rd 


The  names  of  parents  or  guardians,  as  well  as  the  number  of 
children  belonging  to  the  said  parents  or  guardians,  should  be 
reported  to  the  township  treasurer,  as  this  will  guard  against  any 
mistakes  being  made  in  reporting  the  number  of  persons  residing 
in  the  district  entitled  to  benefit  from  the  school  fund. 

This  report  should  be  made  out,  certified  by  the  board  of  direct- 
ors, and  filed  with  the  township  treasurer,  at  least  two  days  before 
the  first  Monday  in  April  and  October,  in  order  that  the  town- 
ship trustees  may  make  the  proper  distribution  of  the  school 
fund,  as  required  in  section  34  of  the  School  Law. 

Form  5.    Contract  between  Teacher  and  Directors. 

Article  of  Agreement  made  and  entered  into  between a  school  teacher, 

of county  of and  State  of and school  directors  of 

District  No. To-miship  No. Range  No. comity  of and  State  of 

Illinois,  and  their  successors  in  office. 

The  said  _...  hereby  agrees  to  teach  the  public  school  in  said  district,  for 

the  term  of weeks,  commencing  on  the day  of 186   ,  and  that  ,_ 

will  faithfully  and  impartially  govern  and  instruct  the  children  and  youth  who 
may  attend  the  same;  that  _.  will  refrain  from  every  species  of  profanity  and 
improper  conduct  while  in  their  presence;  will  institute  no  cruel  or  unusual 
mode  of  punisliment  in  the  administration  of  discipline,  and  will  promptly  report 
to  the  said  directors  aforesaid,  or  their  successors  in  office,  the  names  of  all 
scholars  who  may  b»  guilty  #f  refractory  or  incorrigibly  bad  conduct. 

The  said further  agrees  that  he  will  strictly  conform  to  the  rules  and 

regulatioas  established  by  said  board  of  directors  for  the  government  of  said 
school,  and  will  faithfully  perform  all  the  duties  required  of  ..  by  the  provisions 
of  sections  fifty-two  and  fifty-three  of  the  school  law. 

The  said school  directors  as  aforesaid,  or  their  successors  in  office, 

in  the  name  and  in  behalf  of  the  district  aforesaid,  hereby  agree  to  keep  the 


rOEMS  FOE  PEOCHEDINGS,  ETC.  251 

school  house  in  which  said  school  is  to  be  taught  in  good  repair,  and  to  see 
that  it  is  furnished  with  the  necessary  fuel  and  appendages  for  the  comfort  and 

convenience  of  the  pupils,  and  to  pay  the  said for  services  as  teacher,  the 

sum  of dollars  per  month,  of  four  weeks  of school  days  of hours 

each :     Provided,  that  in  case  the  said should  be  dismissed  from  said  school 

by  the  said  directors  or  their  successors  iu  office,  for  incompetency,  cruelty, 
negligence,  or  immorality,  or  a  violation  of  any  of  the  stipulations  of  this  con- 
tract, or  in  case certificate  should  be  revoked  by  the  county  commissioners, 

shall  not  be  entitled  to  compensation  from  and  after  such  dismissal  or 

revocation. 

In  Testimony  Whereof  we  have  hereunto  subscribed  our  names  this day 

of 186  .  Teacher. 


Directors. 


The  form  of  this  contract  is  simple  and  complete.  It  is  just 
what  is  needed  to  prevent  the  many  disagreements  and  dissatis- 
factions which  not  unfrequently  arise  between  teachers  and  direc- 
tors from  merely  verbal  or  imperfectly  written  contracts.  Its 
cost  at  most  is  but  three  or  five  cents,  and  if  used  it  may  save  both 
parties  a  large  amount  of  costs  attendant  upon  vexatious  lawsuits, 
besides  much  anxiety,  trouble  and  ill  feeling  towards  each  other. 
No  district  should  contract  with  a  teacher  without  some  sort  of  a 
written  contract.  It  is  hoped  that  the  form  here  presented,  being 
characterized  by  fairness  and  legal  accuracy,  will  come  into 
general  use  by  teachers  and  dii'ectors. 


252 


POEMS  FOE  PEOCEEDIKGS,  ETC. 


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FORMS   FOK  PROCEEDINGS,  ETC.  263 

In  order  to  secure  accuracy  in  the  details  of  our  common 
schools  statistics,  it  is  necessary  that  there  should  be  some  com- 
mon method  of  collecting  and  reporting  them.  Hitherto  the 
returns  of  statistics  from  districts  have  been  very  incomplete  and 
unsatisfactory,  on  account  of  the  failure  of  district  officers  to  re- 
port carefully  and  particularly,  to  the  township  treasurer,  the 
information  desired,  and  I  am  convinced  that  such  failure  is  to  be 
attributed  principally  to  the  want  of  correct  and  convenient  blank 
forms  for  reporting  district  statistics.  To  meet  this  want,  and 
secure  accurate  and  reliable  returns,  I  caused  to  be  prepared  and 
published  the  preceding  blank  for  the  convenience  of  the  clerk 
of  the  board  of  directors.  The  dii-ectors  of  school  districts  will 
cause  their  clerk  to  fill  up  correctly  the  blank,  and  forward  the 
same  to  the  township  treasurer  on  or  before  the  Thm'sday  imme- 
diately preceding  the  second  Monday  in  October. 

FoRii  1.    Directors'  Order  Rook. 

STATE   OP   ILLINOIS,     )  _.  $ 

County  of....  P^-  1&6. 

Treasurer  of  Township  No. Range  No. in  said  county, pay  to 

or  bearer,  the  sum  of dollars,  out  of  any  money  belonging  to  School 

District  No. in  said  township,  for with  interest  at  the  rate  of per 

cent  per  annum  from  date  till  paid. 

By  order  of  the  Board  of  Directors  of  said  District. 

No Clerk.  Prest. 

These  orders  have  a  neat  filing  on  the  back,  also  a  receipt  for 
the  money  received  from  the  township  treasurer  on  the  order,  by 
the  person  receiving  it,  according  to  sec.  67  of  the  School  Law. 
They  are  bound  in  books  of  different  sizes,  containing  100  and 
200  orders  each. 

Form  8.     School  District  Bond. 

$ STATE    OF   ILLINOIS.  No 

Whereas,  by  an  act  of  the  General  Assembly  of  the  State  of  Illinois,  ap- 
proved Feb.  isth,  1861,  entitled,  "An  Act  to  establish  and  maintain  a  system 
of  Free  Schools,"  the  General  Assembly  of  the  State  of  Illinois  authorized  and 
empowered  the  directors  of  any  regularly  organized  school  district  in  this  State, 
on  the  faitli  and  pledge  of  said  school  district,  to  borrow  a  sum  of  money  not 
exceeding  three  per  cent,  of  the  taxable  property  of  the  district,  on  condition 
of  the  same  being  voted  for  by  the  legal  voters  of  said  district,  for  the  purpose 
of  building  or  repairing  school  houses  ;    and  whereas,  at  an  election  held  by 

School  District  No. Township  No. Range county  of and  State 

of  Illinois,  in  pursuance  of  said  act,  it  was  voted  to  borrow  the  sum  of 

dollars  for  the  purpose  of school  house  in  said  district,  payable  in 

yearSj  at  ..  per  cent,  interest,  as  appears  by  record  of  the  proceedings  of  said 
school  district  meeting  of  the  date  of A.  D.  18.. 

Know  now  all  men  by  these  presents,  that  School  District  No, Town- 
ship No. Range county  of and  State  of  Illinois,  is  justly  indebted 


354  FOEMS  FOE  fROCEEDrSTGS,  ETC. 

and  promises  to  pay  to or  order,  the  sum  of dollars  on  the  _ .  day  of 

A.D.  18...     And  the  said  school  district  does  hereby  agree  and  eagage 

to  pay  interest  on  the  said  sum  of dollars,  at  the  rate  of per  cent,  per 

annum,  on  the  ..  day  of in  each  and  every  year  hereafter  vmtil  the  interest 

shall  become  due. 

In  testimony  whereof,  the  said  School  District  has  caused  this  bond  to  be 

signed,  sealed  and  delivered  by  their  Board  of  School  Directors,  this 

day  of A.  D.  18 

![l.  s. 
Directors,   "l.  s. 
'l.  s. 

SCHOOL  DIRECTORS'  RECORD. 

This  record,  new  edition,  contains  ten  parts : 

1.  For  recording  the  Proceeding  of  School  District  Meetings, 
has  printed  headings,  and  is  prefaced  with  suitable  forms  for 
recording  the  proceedings  of  annual  and  special  school  meetings. 

2.  A  Register  of  School  Du-ectors,  with  printed  headings,  show- 
ing, at  a  glance,  the  name  of  each  director  elected,  the  time  of 
his  election,  the  term  of  his  office,  and  the  date  when  it  expires. 

3.  A  Record  of  the  Doings  of  the  School  Directors.  Like  part 
1st,  it  has  printed  headings,  and  a  preface  containing  proj)er  forms 
for  recording  the  action  of  the  directors. 

4.  A  Census  Record  of  the  number  of  persons  residing  in  the 
district  entitled  to  the  benefit  of  the  public  school  fund.  It  has 
printed  headings,  and  shows  at  once,  if  properly  kept,  the  num- 
ber of  persons  between  five  and  twenty-one  years  of  age;  also, 
the  whole  number  of  persons  under  twenty-one  years  of  age,  and 
the  date  when  the  census  is  taken. 

5.  A  Record  of  Orders  drawn  on  the  Township  Treasurer;  has 
printed  headings,  showing  at  a  glance  the  amount  of  money  in 
the  hands  of  the  township  treasurer  on  the  first  Mondays  of  April 
and  October,  and  the  number,  date  and  amount  of  each  order 
drawn  on  the  treasurer,  in  whose  favor  and  for  what  purpose 
drawn.  It  is  prepared  with  proper  forms,  showing  how  it  may 
be  correctly  kept. 

6.  Teacher's  blank  Contracts  with  the  School  Directors,  a  speci- 
men of  which  is  given  in  Form  No.  5.  They  are  placed  here  so 
that  a  permanent  record  of  this  part  of  the  doings  of  the  direc- 
tors may  be  kept.  This  is  one  of  the  prominent  excellencies  of 
the  book. 

v.  A  Register  of  the  Teachers  Employed,  showing  the  name  of 
each  teacher  employed,  the  grade  of  certificate,  the  salary  per 


FORMS  FOB  PROCEEDINGS,   ETC.  266 

month,  tlie  time  of  commencing  school,  the  date  of  closing,  the 
length  of  time  taught  in.  months  and  days,  and  the  total  amount 
of  salary  due  the  teacher. 

8.  A  Record  of  Rules  and  Regulations  adopted  by  the  Board  of 
Directors  for  the  government  of  the  school.  (See  section  48  of 
the  School  Law.) 

This  part  has  printed  headings,  and  a  preface  containing  a  large 
number  of  rules,  compiled  mostly  by  Hon.  N.  Bateman,  during 
his  term  of  office  as  Superintendent  of  Public  Instruction,  from 
the  published  codes  of  schools  in  Boston,  Cincinnati,  St.  Louis, 
Chicago,  Cleveland,  Columbus,  Springfield,  Jacksonville,  and  other 
places,  selecting  such  as  are  suited  to  most  of  the  public  schools 
in  this  State. 

This  is  not  an  unimportant  part  of  this  book.  No  school  can 
"well  succeed  without  proper  rules  and  regulations  for  the  govern- 
ment of  both  teacher  and  pupils. 

9.  A  Suramary  of  the  Attendance  of  Pupils,  and  other  facts  con- 
nected with  the  school  during  each  term  the  school  is  taught. 
The  items  here  recorded  are  taken  mostly  from  the  Teacher's 
School  Register,  and  they  can  be  better  recorded  by  the  teacher  if 
the  record  shall  be  presented  to  him  or  her  at  the  close  of  each 
school  term.  This  is  a  most  valuable  part  of  the  book,  as  it  forms 
a  valuable  historic  record  of  the  school. 

10.  Contains  copies  of  the  Directors'  Annual  Reports  to  the 
Township  Treasurer,  a  specimen  of  which  is  given  in  Form  No.  6. 

This  form  completes  the  record — a  record  which  no  school  dis- 
trict in  this  State  should  be  without.  It  contains  upwards  of  300 
pages,  and  is  made  upon  fine,  heavy  flat  cap  paper,  thoroughly 
bound  on  parchment  with  heavy  spring  back,  half  sheep,  and 
muslin  sides.  The  publishers  have  spared  no  pains  in  its  manu- 
factm*e.  The  whole  is  made  of  superior  materials,  and  for  dura- 
bility.   With  proper  care  it  will  last  any  district  for  years. 


256  FOEMS  FOE   THE   USE    OF   SCHOOL   OFFICERS. 

n.     FORMS  FOR  THE  USE  OF  TOWNSHIP  SCHOOL  OFFICERS. 
Form  1.     Election  Notice. 

Notice  is  hereby  given,  that  on the day  of next,  at  the 

in  Township  No. Range  No. in  the  county  of and  State  of  Illinois, 

an  election  wiU  be  held  for  Trustees  of  School  for  said  township.  The  polls  of 
which  election  will  be  open  at  8  o'clock  in  the  morning,  and  will  continue  open 
until  ..  o'clock  in  the  afternoon  of  the  same  day. 

By  order  of  the  Trustees  of  Schools  of  said  township. 

Township  Treas, 

The  election  for  trustees  of  schools  shall  be  on  the  second  Mon- 
day in  October,  biennially,  in  townships  where  such  elections  have 
been  had,  "the  township  treasurer  giving  notice  of  the  time  and 
place  by  posting  up  notices  of  the  same,  at  least  ten  days  previ- 
ous to  the  day  of  such  election,  at  or  in  the  school  house,  or  in 
the  most  publie  plasc  in  every  school  district  in  the  township.  In 
townships  where  no  election,  at  any  time,  has  been  had  for  the 
election  of  trustees  of  schools,  the  election  may  be  held  on  any 
Monday.  In  this  case  the  clerk  of  the  county  court  shall  cause 
the  notice  to  be  given  as  stated  above."  See  section  25  of  the 
School  Law  of  1861. 

Form  2.    Poll  Book. 

This  book  consists  of  six  pages,  made  upon  first  quality  flat 
.  caj)  paper.  The  first  page  has  a  record  for  the  filing  of  the  book 
in  the  office  of  the  county  school  commissioner.  The  second 
page  contains  forms  for  the  oaths  required  by  law  to  be  taken  by 
the  officers  of  the  election. 

Section  12,  chapter  37,  Revised  Statutes  of  the  State  of  Illinois, 
page  466,  requires  the  judges  and  clerk  of  elections  for  civil 
officers,  previous  to  the  taking  of  any  votes,  severally  to  take  an 
oath  or  affirmation  in  the  following  form,  to  wit : 

I do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I  will  perform 

the  duties  of  Judge  (or  Clerk,  as  the  case  may  be,)  of  this  election,  according 
to  law  and  the  best  of  my  ability,  and  that  I  will  studiously  endeavor  to  prevent 
fraud,  deceit  and  abuse  in  conduct'.ng  the  same. 

Sworn  to  and  subscribed  before  me,  this day  of 186  .  ) 

J-  P-  ) 

Each  of  the  judges,  and  also  the  clerk,  of  elections  for  the 
election  of  trustees  of  schools  must  severally  subscribe  to  the 
above  form  of  an  oath  or  affirmation.  The  oath  cannot  legally  be 
administered  to  the  judges  and  clerk  collectively,  as  has  been 
done  in  some  cases,  but  it  must  be  administered  to  each  one  sepa- 


FOEMS  FOE  THE  USE   OF  SCHOOL  OFFICEES.  267 

rately,  as  required  by  the  law  for  the  election  of  magistrates  and 
constables.     See  sec.  27  of  the  School  Law. 

The  third  and  fourth  pages  of  the  Poll  Book  contain  a  list  of 
voters  at  said  election ;  the  fifth  page,  the  returns  of  election, 
conformable  to  sec.  23,  Revised  Statutes  of  the  State  of  Illinois, 
chapter  37,  page  468 :  and  the  6th,  a  tally  list. 

Form  3,    Township  Teeasuhkr's  Bond. 

State  op  Illinois,  )  „ 
County,  r^- 

Know  all  men  by  these  presents,  that  we are  held  and  firmly  bound, 

jointly  and  severally,  unto  the  Board  of in  said  county,  in  the  penal  sum 

of dollars,  for  the  payment  of  which  we  bind  ourselves,  our  heirs,  exec- 
utors and  administrators,  firmly  by  these  presents. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals,  this day 

of A.  D.  186  . 

The  condition  of  the  above  obligation  is  such,  that  if  the  above  bounden 

Township  Treasurer  of  Township  No. Range  No. in  the  county 

aforesaid,  shall  faithfully  discharge  all  the  duties  of  said  ofiice,  according  to  the 
laws  which  now  are  or  may  hereafter  be  in  force,  and  shaU  deliver  to  his  suc- 
cessor in  office  all  moneys,  books,  papers,  securities,  and  property,  in  his  hands 
as  such  Township  Treasurer,  then  this  obligation  to  be  void,  otherwise  to 
remain  in  full  force  and  virtue. 

Tl.  s. 


Approved  and  accepted  by 

>•  Trustees. 

Form  4.    Township  Treasurer's  Books,  in  3  volumes. 

The  1st  volume  is  called  a  Journal  and  Record.  It  embraces 
four  parts.  The  1st  part  is  entitled  a  Journal  of  the  Proceedings 
of  the  Board  of  Trustees  of  Schools,  with  printed  headings,  and 
is  for  recording  fully  and  at  length  the  acts  and  proceedings  of 
the  Board,  their  by-laws,  orders  and  resolutions. 

The  2nd  part  is  a  Register  of  the  Election  of  Directors,  in  the 
several  districts  in  the  township,  with  printed  headings,  showing 
at  a  glance,  the  name  of  each  school  director  in  the  township,  the 
number  of  the  district  in  which  he  resides  when  elected,  term  of 
his  office,  and  when  it  expires. 

The  3rd  part  is  a  Record  in  which  the  Treasurer  may  enter  a 
description  of  all  notes  or  bonds  belonging  to  the  Township,  with 
printed  headings,  so  arranged  as  to  show  at  a  single  view,  the 
name  of  the  debtor,  the  date  of  the  note,  its  amount,  time  when 
due,  and  a  brief  description  of  the  sureties,  together  with  any 
remarks  showing  where  or  in  what  condition  it  is. 
17 


258  FORMS  FOR  THE   TTSE   OF  SCHOOL   OFFICERS. 

The  4th  part  contains  a  number  of  township  plats,  for  the 
proper  mapping  of  the  township  into  school  districts. 

The  2nd  volume  is  The  School  Ti-easurer's  Cash  Book.  In  it  is 
entered  all  the  money  received  and  paid  out  by  the  Treasurer. 
It  might  properly  be  called  the  School  Treasurer's  Day  Book.  It 
has  printed  headings,  showing  when  the  money  is  received,  from 
whom  received,  on  what  account,  the  amount  received,  when  paid 
out,  to  whom,  on  what  account,  and  the  amount  paid  out. 

The  Ledger  and  Loan  constitutes  the  3rd  book.  This  volume 
consists  of  two  parts.  The  1st  part  is  designed  for  an  account 
book,  between  the  Township  Treasurer  and  the  several  school 
districts  in  the  township.  On  the  first  or  left  hand  page  of  the 
book  is  to  be  entered  the  moneys  belonging  to  the  district,  as 
distributed  by  the  Townshiis  Trustees,  together  with  the  amount  of 
special  taxes  raised  by  the  district.  On  the  opposite  or  right 
hand  page,  is  to  be  entered  the  amount  paid  out,  to  whom  paid, 
and  on  what  account. 

The  2nd  part  is  designed  for  an  account  book  between  the 
Township  Treasurer  and  the  Board  of  Township  Trustees.  Like 
the  first  part,  it  has  printed  headings,  and  shows  at  a  glance  the 
time  of  loaning  the  school  fund,  the  amount  loaned,  the  length  of 
time  it  is  loaned,  the  rate  of  interest,  when  the  sum  loaned  is  due, 
the  name  or  description  of  securities,  the  amount  of  interest  and 
wben  it  becomes  due,  the  amount  of  interest  paid,  when  paid, 
and  any  remarks  necessary  to  show  where  and  in  what  condition 
the  amount  loaned  may  be. 

Every  Board  of  Trustees  of  Schools,  and  also  every  Treasurer, 
is  referred  to  sec.  56  of  the  School  Law,  where  these  books  are 
described  in  the  language  of  the  law,  and  where  every  treasurer 
is  required  to  provide  himself  with  these  or  similar  books ;  and 
also  to  sec.  34,  where  the  Board  is  directed  to  make,  as  their 
second  appropriation,  whatever  may  be  due  for  the  said  books. 

It  is  of  the  utmost  importance  that  the  books  of  the  Treasurer 
be  so  kept  as  to  show  correctly  and  at  once,  to  any  and  all  who 
may  wish  to  know,  the  actual  condition  of  the  school  fund. 

These  books  are  so  arranged  that  even  the  most  inexperienced 
will  find  but  little  difficulty  in  keeping  them  correctly,  and  with 
very  little  trouble. 


POBMS  FOB  THE  USE  OF  SCHOOL  OPFICEES.  269 

Form  5.    School  Treasurer's  Notes. 
$ 18._ 

after  date promise  to  pay  to  the  Board  of  Trustees  of  Schools 

of  Township Range in  the  county  of for  the  benefit  of  the 

school  fund  of  said  townsliip, dollars,  with  interest  at  the  rate  of  ten  per 

cent,  per  annum  from  date  until  paid,  payable  semi-annually  in  advance,  for 
value  received. 

And  we  further  agree  to  give  any  additional  security  which  said  Trustees 
may  at  any  time  require  ;  and  no  extension  of  the  time  of  payment,  with  or 
without  our  knowledge,  by  the  receipt  of  interest  or  otherwise,  shall  release  ua 
or  either  of  us  from  the  obligation  of  payment. 


No Due. 


These  notes  are  bound  in  books  of  100  each,  half  cloth.  They 
have  ruling  and  printed  receipts  on  the  back  for  endorsements. 
They  may  be  secured  by  the  signatures  of  two  responsible  per- 
sons besides  the  maker  of  the  note,  where  sums  not  exceeding 
$100  are  loaned,  and  for  a  time  not  less  than  six  months  nor  more 
than  one  year  from  the  date  of  the  note.     See  sec.  5V  School  Law. 

Form  6.    School  Mortgages. 

I, ,  of  the  county  of and  State  of ,  do  hereby  grant,  convey 

and  transfer  to  the  Board  of  Trustees  of  Township Range in  the  county 

of and  State  of  Illinois,  for  the  use  of  the  inhabitants  of  said  township, 

the  following  described  real  estate,  to  wit : Which  real 

estate  I  declare  to  be  in  mortgage  for  the  payment  of dollars  loaned  to  me, 

and  for  the  payment  of  all  interest  that  may  accrue  thereon,  to  be  computed  at 
the  rate  of  .  .  per  cent,  per  annum  until  paid.     And  I  do  hereby  covenant  to  pay 

the  said  sum  of  money  in years  from  the  date  hereof,  and  to  pay  interest  on 

the  same  at  the  rate  aforesaid  half-yearly  in  advance.  I  further  covenant  that 
I  have  a  good  and  valid  title  to  said  real  estate,  and  that  the  same  is  free  from 
all  incumbrance;  and  that  I  will  pay  all  taxes  and  assessments  which  maybe 
levied  on  said  estate,  and  that  I  will  give  any  additional  security  that  may  at 
any  time  be  required  by  said  Board  of  Trustees  ;  and  if  said  estate  be  sold  to 
pay  said  debt,  or  any  part  thereof,  or  for  any  failure  or  refusal  to  comply  with 
or  perform  the  conditions  or  covenants  herein  contained,  I  will  deliver  immedi- 
ate possession  of  the  premises.     And  in  consideration  of  the  premises wife 

of  said doth  hereby  release  to  the  said  Board  all  her  right  and  title  of 

dower  in  the  afore-grauted  premises,  for  the  purposes  aforesaid. 

And  the  said ,  and his  wife,  hereby  expressly  waive,  release  and 

relinquish  unto  the  said  Board  of  Trustees,  party  of  the  second  part,  all 

right,  title,  claim,  interest  and  benefit  whatever,  in  and  to  the  above  described 
premises,  and  each  and  every  part  thereof,  which  is  given  by  or  results  from 
all  laws  of  this  State  pertaining  to  the  exemption  of  homesteads. 

In  testimony  whereof  we  have  hereunto  set  our  hands  and  seals  this day 

of ,  18.. 


tl] 


260 


POEMS  POE  THE  TTSP  OP  SCHOOL   OFPICEES. 


Form  V.     Township  Census  Eeport. 

Census  Report  of  persons  between  the  ages  of  five  and  twenty-one  years,  and 

also  of  persons  under  twenty-one  years  of  age,  residing  in  Township  No 

Range  No. in  the  county  of and  State  of  Illinois,  on  the day  of 

18-. 


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Names  of  Parents  or 

o  3  g 

GUABDUNS. 

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Guardians. 

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2    S 

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^ 

m.  FORMS  FOR  THE  USE  OF  SCHOOL  COMMISSIONERS. 
Form  1.  Record  of  Teachers  Examined. 
This  book  is  made  upon  flat  cap  paper,  first  quality,  bound  in 
half  sheep,  with  muslin  sides  and  tipped  corners.  It  has  ruled 
headings,  showing  the  name,  age  and  nativity,  of  each  teacher 
examined ;  date  of  certificate,  the  average  standing  in  the  branches 
upon  which  examination  is  had,  the  grade  of  certificate,  and  also 
the  date  of  the  annulment  of  the  certificate.  See  sec.  50  School  Law. 


Form  2.    Teacher's  Certificate. 

.Grade County,  Illinois, 18.. 

fhe  undersigned,  having  examined in  Orthography,  Reading  in  Eng- 

lis"h.  Penmanship,  Arithmetic,  English  G-rammar,  Modern  Geography,  and  the 
History  of  the  United  States,  and  being  satisfied  that is  of  good  moral  char- 
acter, hereby  certify  that qualifications  in  all  the  above  branches  are  such 

as  to  entitle to  this  Certificate,  being  of  the and  valid  in  the  county 

for from  the  date  hereof,  renewable  at  the  option  of  the  School  Com- 
missioner by  his  endorsement  thereon. 

Given  under hand  at  the  date  aforesaid. 


V  Examiners. 


.School  Commissioner. 


Form  3.    School  Commissioners'  Receipts. 

$ 18.. 

Received  of School  Commissioner  of. county  and  State  of  Illinois, 

the  sum  of dollars, this  being  the  amount  due  from  said 

Commissioner  to  Township  No Range  No. in  said  county. 

Township  Treas. 

These  receipts  are  substantially  bovmd  in  books  of  200  receipts 
each,  half  cloth,  and  are  designed  for  permanent  use.  No  Com- 
missioner should  be  without  them. 


POKMS  FOE  THE   USE   OF   SCHOOL   OFFICEES.  261 

Form  4.    School  Commissioner's  Note. 
$ 18-. 

after  date promise  to  pay  to  the  School  Commissioner  of  the 

county  of for  the  benefit  of  the  school  fund  of  said  county dollars, 

with  interest  at  the  rate  of  ten  per  cent,  per  annum  from  date  until  paid,  payable 
Berai-annually  in  advance,  value  received. 

And  we  further  agree  to  give  any  additional  security  which  said  School  Com- 
missioner may  at  any  time  require  ;  and  no  extension  of  the  time  of  payment, 
with  or  without  our  knowledge,  by  the  receipt  of  interest  or  otherwise,  shall 
release  us  or  either  of  us  from  the  obligation  of  payment. 


No Due. 


These  notes,  like  the  School  Treasurer's  notes,  have  ruling  and 
printed  receipts  on  the  back  for  endorsements,  and  are  bound  in 
books  of  one  hundred  notes  each,  half  cloth. 

The  School  Commissioner  may  loan  money  belonging  to  the 
county  fund  upon  the  same  security  as  Township  Treasurer.  See 
section  19,  Law  of  1861. 


IV.     FORMS  FOR  THE  USE  OF  TBACHERfi. 
Form  1.    School  Register. 

"  The  most  important  of  all  school  statistics,"  says  the  Hon.  J. 
M.  Gregory,  Superintendent  of  Public  Instruction  of  the  State  of 
Michigan,  "  are  those  that  are  shown  by  the  Teacher's  daily  Reg- 
ister of  the  pupils  attendance  at  school.  One  of  the  most  mate- 
rial evidences  of  the  progress  of  a  school  is  wanting  where  such 
record  is  not  kept  with  fullness  and  care.  A  properly  prepared 
register  should  be  provided  at  the  commencement  of  the  school, 
and  the  name  of  each  pupil  should  be  entered  therein,  with  the 
date  of  his  entrance.  The  attendance  of  each  half-day  should  be 
carefully  marked,  and  with  a  good  form  of  register,  the  amount 
of  tardiness  of  each  pupil  may  also  be  kept.  It  is  customary 
also  to  mark  the  daily  deportment  ana  scholarship  of  each  pupil, 
and  in  our  best  schools,  weekly  or  monthly  reports  are  sent  to 
parents,  exhibiting  the  attendance  and  standing  of  the  children. 
Such  reports  have  a  most  beneficial  influence  upon  both  parents 
and  pupils." 

The  doctrine  here  enunciated  by  the  Hon.  Superintendent  of 
Michigan,  is  important,  and  should  be  acted  upon  by  every 
teacher  and  school  officer  throughout  our  country.  In  the  States 
of  Michigan  and  Iowa,  all  teachers  of  public  schools  are  required 


262 


POEMS  FOR  THE   USE    OF   SCHOOL   OFFICEES. 


by  law  to  keep  daily  registers,  in  which  the  exact  attsndance  of 
the  pupils  is  to  be  carefully  recorded ;  it  should  be  so  in  this  State. 
There  are  some  good  forms  of  registers  kept  for  sale  by  many 
book  sellers  througliout  the  State,  but  the  best  we  have  seen  is 
prepared  by  Rev.  O.  Adams,  formerly  Principal  of  the  Public 
School  in  St.  Charles,  in  this  State.  This  Register  has  been  pre- 
pared Avith  great  care,  and  is  very  generally  used  by  teachers 
throughout  this  and  other  States.  Its  peculiar  features  and  advan- 
tages may  be  briefly  stated  as  follows : 

1.  It  is  simple  in  its  plan  and  easily  understood.  Used  in  con- 
nection with  the  School  Tablet,  which  is  designed  to  accompany  the 
Register,  any  teacher  can  keep  it  without  trouble  or  loss  of  time. 

2.  Each  day  has  two  spaces  approin'iated  to  it,  for  forenoon 
and  afternoon,  so  that  the  attendance  of  half-days  can  all  be  kept. 
These  spaces  are  large  enough  to  record  in  them  the  actual  num- 
ber of  minutes  each  pupil  is  tardy.  The  time  lost  by  tardiness 
in  our  schools  is  very  great,  and  when  we  take  into  account  the 
days  and  half-days  of  absence,  the  loss  is  truly  surprising.  But 
by  keeping  such  a  strict  account  of  tardiness  and  absence,  and 
reporting  the  same  to  parents  and  guardians,  this  great  evil  will 
be  in  a  measure  abated,  and  can,  we  trust,  finally  be  eradicated. 

The  publishers  have  issued  two  sizes.  The  first  is  arranged 
for  a  term  of  fom*  months,  and  will  record  nearly  forty  pupils  on 
a  page,  for  that  length  of  time,  without  any  re-writing  of  names. 

The  second  size  is  arranged  for  a  term  of  three  months,  and 
will  record  thirty  pupils  on  a  page.  At  the  end  of  each  month 
there  is  a  space  for  a  monthly  summary  of  attendance,  and  at  the 
end  of  each  term  a  space  for  a  total  summary.  The  following 
diagram  wiU  give  some  idea  of  the  "  School  Tablet "  referred  to 
above : 


ADAMS'   SCHOOL   TABLET- 

MOENING  SESSION. 

AFTERNOON   SESSION. 

PupU's  No. 

Min's  Tardy, 

PupU'8  No. 

Min's  Tardy. 

1 

6 

12 

20 

1 

10 

4 
30 

It  is  9  by  14  inches,  made  of  wood  and  so  arranged  that  no 


FORMS  FOR   THE   USE    OF   SCHOOL   OFFICERS.  263 

ordinary  usage  can  sjjlit  or  other  A^se  injure  it.  It  is  covered 
with  a  beautiful  coat  of  liquid  slating,  with  the  above  diagram 
drawn  upon  it,  so  that  pupils  or  teachers  in  marking  their  tardi- 
ness, cannot  well  make  a  mistake.  It  is  expected  that  each  pupil 
will  be  required  to  mark  upon  the  Tablet,  opposite  his  own  num- 
ber (which  signifies  his  or  her  name,)  the  number  of  minutes 
he  or  she  may  be  tardy.  Requiring  pupils  thus  to  mark  their 
own  tardiness,  not  only  assists  the  teacher  in  recording  the  exact 
time  pupils  are  in  school,  but  it  greatly  diminishes  the  puj)il's 
tardiness.  Where,  this  system  has  been  faithfully  and  perma- 
nently established  in  schools,  the  dreadful  evil  of  tardiness  and 
irregular  attendance  has  been  almost  wholly  overcome.  This  is 
the  testimony  of  many  of  our  most  prominent  teachers  who  have 
adopted  and  practiced  this  system  in  their  schools. 

Form  2.    Class  Books. 

Class  books,  for  recording  the  daily  scholarship  of  each  pupil, 
are  imj)ortaut.  The  system  of  marking  adopted  by  the  Normal 
University  is  perhaps  as  simple  and  comprehensive  as  any  now 
in  use.  Upon  this  subject  Professor  Edwards  has  dwelt  at  length, 
in  his  article  upon  the  Normal  University,  page  136,  Part  1  of 
this  book,  and  need  not  be  repeated  here. 

The  publishers  of  Adams'  Class  Book  have  adopted  the  method 
practiced  by  the  University,  and  no  change  seems  to  be  desired. 

Form  3.     School  Ledgers. 

These  books  bear  the  same  relation  to  the  Daily  Register  and 
Class  Book  that  the  merchant's  ledger  does  to  his  day-book  and 
journal.  In  this  age  of  progression  and  universal  systematizing, 
this  book  is  deemed  by  many  of  great  importance.  In  some  re- 
spects it  would  seem  to  be  an  essential  accompaniment  to  the 
books  already  noticed. 

For  a  description  of  this  Ledger,  the  reader  is  referred  to  the 
publishers,  and  of  its  utility  those  who  have  used  it  for  any  con- 
siderable time  are  jjerhaps  the  best  judges.  It-is  noticed  here  in 
connection  with  this  excellent  system  of  School  Registers  which 
should  be  adopted  by  every  School  Board  in  our  State. 

This  whole  system  has  been  used  for  a  considerable  length  of 
time  in  the  Normal  University,  and  is  considered  by  President 
Edwards  and  his  associate  teachers,  as  the  best  they  have  used. 


264 


FORMS  FOE   THE   USE    OF  SCHOOL   OFFICEES. 


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g  s 

D     O 

bo    . 

>   S 
rt  a. 

<S     V 

H  El 
*   +- 

•sjopaajd  Xq  BijsiA  jo  -ofj 

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•pansdxa  sijdnj  jo  'ON 



•q'jnoiv  aqi  Sujanp 
UAiBjpmm  sijdna  Jo  "o^ 

•aaqoBai  qaBa 
0%  paaSissB  sassBio  jo  -o^ 

•looqog  m  sas8«io  Jo  -o^i 

Time  lost  by 
Teachers  on 

account  of 
Tardiness  in 

hours  and 
minutes. 

a 

i 

T 

•q;uoj5  eqi  Snunp  XpaBx 
ajB  BjaqoBai  samij  jo  -o^ 

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Time  lost  by 

Tardiness  in 

hours  and 

minutes. 

c 

a 
o 
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•jooqos  raojj  aauas 
-qB  (Siidnd  -Sq  isoi  siBQ  'o^ 

•aauBpnanv  B-fBQ  jo  -0^^ 

Whole  No. 
of  Pupils 
Enrolled 
during  the 

Term 
thus  far. 

."3 

o 

No.  of  Pupils 

Enrolled 

during  the 

Month. 

S 

%^ 

i 

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FORMS  FOE  THE  USB   OF  SCHOOL  OFFICERS.  265 

The  object  of  this  report  is  apparent.  It  is  designed  to  bring 
the  schools  of  the  State  under  the  more  immediate  supervision  of 
the  County  Commissioner  and  the  State  Department  of  Public 
Instruction.  Teachers  of  common  schools  in  each  county,  report- 
ing statistically  the  state  of  their  respective  schools  to  the  County 
Commissioner,  monthly,  as  indicated  by  the  heading  of  the  form 
on  the  opposite  page,  adding  also,  in  the  blank  space  below, 
under  the  heading  of  "Remarks,"  such  written  information  as 
may  be  deemed  proper  and  useful,  will,  it  is  expected,  not  only 
be  assisted  in  bringing  their  respective  schools  under  proper  dis- 
cipline, but  the  work  of  supervision,  as  exercised  by  the  county 
officers  and  the  State  Superintendent,  will  be  greatly  aided  and 
facilitated,  and  the  State  Department  will  be  regularly  supplied, 
and  at  short  intervals,  with  accurate  and  reliable  data  for  repre- 
senting the  actual  condition  of  the  Public  Schools  in  the  several 
counties. 

Although  these  reports  were  not  issued  by  this  Department  until 
the  latter  part  of  February  last,  yet  they  have  been  adopted  by 
quite  a  majority  of  the  counties  in  the  State.  Several  Commis- 
sioners have  already  felt  the  good  results  flowing  from  this  system, 
and  are  of  the  opinion  that  it  will  greatly  add  to  the  efficiency  of 
our  Free  School  System. 

The  effectiveness  and  success  of  the  plan  here  introduced  will 
depend  mainly  upon  the  promptness  and  correctness  with  which 
teachers  attend  to  the  duties  assigned  them,  and  I  confidently  rely 
upon  their  wUling  and  hearty  co-operation. 

Proper  blanks  for  these  reports  being  furnished  to  teachers 
gratuitously  by  the  County  Commissioners,  it  may  be  confidently 
hoped  that  there  will  be  no  laxity  on  the  part  of  the  teachers  in 
properly  making  out  their  reports  and  promptly  forwarding  them 
to  the  County  Commissioner  at  the  end  of  each  school  month, 
as  required  in  the  report. 

Form  5.    Teachers'  Schedules. 

The  form  for  Teachers'  School*Bchedules  is  given  in  section  53 
of  the  School  Law,  and  need  not  here  be  repeated.  There  are 
many  forms  printed,  most  of  which  conform  to  the  form  given  in 
the  Law,  btit  the  best  we  have  seen  are  those  published  by  Adams 
&  Blackmer.    The  advantages  of  these  schedules  are  as  follows : 


266  FORMS  FOR  THE   USE   OF   SCHOOL   OFFICERS. 

1.  The  ruling  is  wider  than  other  schedules,  which  enables  the 
teacher  to  write  the  names  of  pupils  more  easily. 

2.  The  alternate  light  and  heavy  lines  across  the  face  of  the 
schedule  assist  the  teacher  in  following  the  desired  line  in  making 
his  record,  as  he  approaches  the  close  of  the  term. 

3.  It  is  divided  by  dark  blue  lines  into  months,  which  will  also 
aid  in  keeping  the  record  correctly  and  easily  toward  the  close 
of  the  term. 

4.  The  pupils  are  all  numbered  down  the  margin  of  the  sched- 
ule, which,  at  a  single  glance  of  the  eye,  gives  the  number  of 
pupils  recorded  on  the  schedule. 

5.  The  certificates  are  placed  on  the  back  of  the  sheet,  giving 
the  teacher  the  advantage  of  the  whole  page,  thus  making  it  more 
economical  for  the  teacher. 

6.  It  is  arranged  for  the  first  five  days  of  the  week,  and  for 
four  weeks  as  a  school  month,  according  to  the  formula  given  in 
the  School  Law.  It  seems  clear  that  the  Legislature  intended, 
at  least,  to  fix  the  rule  that  five  teaching  days  shall  constitute  a 
week  of  the  school  term,  as  appears  from  the  form  of  schedule  as 
given  in  section  53  of  the  School  Law.  The  confinement  of  pupils 
in  school  five  consecutive  days  in  each  week  is  as  much,  it  may 
may  be  assumed,  as  is  profitable  or  healthful. 

V.  The  decisions  of  the  State  Department  upon  the  length  of 
a  school  month  is  also  printed  on  the  back  of  the  schedules,  hop- 
ing thereby  to  prevent  any  misunderstanding  which  might  arise 
between  teachers  and  dh-ectors  upon  this  subject. 

8.  The  following  formula  for  keeping  the  Schedule  is  also  placed 
on  the  back  of  the  schedule,  so  that  inexperienced  teachers  cannot 
weU  mistake  the  manner  in  which  it  is  to  be  kept : 


FORMS  FOR  THE  USE  OF   SCHOOL   OFFICERS. 


261 


\ 


bd 


\  I  \ 


XI 


\ 


\ 


\ 


P  Pupils'  Number. 


K 


!2l 


zn 


\      Monday 


\    I  Tuesday 


\    I  Wednesday 


\    I  Thursday 


\    II  Friday 


Day 

of 

Month 


0 
0 


\    H  Monday 


I   Tuesday 


\       Wednesday 


\    I  Thnrsday 


\       Friday 


\   II  Monday 


\       Tuesday 


II  Wednesday 


\    II  Thursday 


II  Friday' 


\   I  Monday 


\       Tuesday 


\    5  Wednesday 


\       Thursday 


\-||  Friday 


la 


13 


14 


15 


16 
19 


20 


21 


23 


26 

27 


28 


29 


30' 


Total  No.  Days  of  each  Scholar, 


From  the  above  it  will  be  seen  that  the  names  of  the  months  are 
to  be  written  in  the  columns  for  months,  at  the  top  of  the  sched- 
ule, and  that  the  days  of  the  month  are  to  be  numbered  in  the 
blank  space  immediately  above  the  days  of  the  week.  And  fur- 
ther, it  will  be  observed  that  the  pupils  are  all  numbered  in  the 
first  column,  at  the  left  hand  side  of  the  schedule,  that  the  names 
of  the  pupils  are  all  to  be  wi-itten  in  the  second  column,  their 
ages  in  the  third,  and  their  attendance  in  the  several  columns  fol- 


268  POEMS  roK  the  use  op  school  oppicees. 

lowing,  their  presence  being  denoted  by  a  small  mark,  and  their 
absence  by  a  blank,  according  to  section  53,  School  Laws  of  1861. 
At  the  close  of  the  term  the  teacher  must  add  up  and  set  down 
the  whole  number  of  days  attendance  of  each  scholar,  and  add 
up  said  whole  numbers  and  make  out  the  grand  total  number  of 
days  attendance.  He  shall  also  note  the  whole  number  of  schol- 
ars— the  males  and  females  separately — and  the  average  daily 
attendance,  and  shall  set  the  age  of  each  pupil  opposite  the  name 
of  said  pupil,  as  in  the  form  above,  and  shall  attach  thereto  his 
certificate,  the  form  of  which  is  given  in  the  law,  and  need  not 
be  repeated  here. 

The  columns  denoting, the  number  of  scholars,  male  and  female, 
and  the  average  daily  attendance,  required  by  the  law  to  be  re- 
ported, together  with  the  grand  total  number  of  days  attendance, 
the  amoimt  paid  the  teacher  per  month,  the  total  amount  paid  the 
teacher  during  the  term,  and  also  a  blank  receipt  for  the  money 
received  from  the  Township  Treasurer,  upon  the  schedule,  are 
all  printed  on  the  back  of  the  schedule  for  the  convenience  of  the 
township  officers  and  others  interested  in  its  examination. 

The  blank  books  and  forms,  specimens  of  which  are  here  pre- 
sented, are  precisely  what  is  needed  to  remedy  the  numberless 
evils  resulting  from  the  general  mismanagement  of  our  school 
interests ;  and  here  I  am  not  only  induced  to  unite  most  cordially 
with  the  State  Convention  of  School  Commissioners,  referred  to 
at  the  commencement  of  this  article,  in  an  official  recommenda- 
tion of  them,  but  to  insist  upon  their  introduction  into  every 
School  District  in  the  State. 

I  am  satisfied  that  the  general  introduction  of  these  forms  into 
the  counties.  Townships  and  School  Districts  of  the  State,  would 
insure  a  more  uniform  and  thorough  method  of  business  in  the 
administration  of  our  school  officers,  remove  to  a  great  extent  the 
causes  of  local  disagreements  and  litigations,  and  lessen  the  labor 
of  the  State  Department  many  fold.  Our  letter  files  will  show 
that  the  largest  correspondence  of  the  Superintendent's  office  has 
reference  to  difficulties  arising  out  of  business  misunderstandings 
and  disagreements,  while  these  last  are  very  largely  attributable 
to  the  disorderly  and  slipshod  manner  in  which  the  records  of 
school  business  are  kept.  Let  every  School  Commissioner,  Board 
of  Trustees  and  Township  Treasurer,  every  Board  of  Directors 


FORMS  FOE  THB  USB   OF   SCHOOL   OFFICERS.  269 

and  School  Teacher  in  the  State  be  supplied  with  these  invalua- 
ble forms,  and  I  entertain  no  doubt  that  the  friends  of  Education 
will  soon  witness  the  inauguration  of  a  new  and  better  order  of 
things  in  the  business  workings  of  our  Common  School  System. 
Their  cost  is  trifling  compared  with  their  great  value  and  import- 
ance to  every  School  and  School  District  throughout  the  State. 

We  will  only  add,  that  school  officers  are  authorized  by  the 
law  to  appropriate  from  the  School  Fund  a  sufficient  amount  to 
purchase  whatever  books  and  blanks  may  be  necessary  for  their 
use. 


INDEX    TO    THE    LAW. 


PAOE. 

Accounts  of  treasurer,  how  to  be  kept 19 

Acts,  this  act  not  to  repeal  special  acts. ...  25 

what,  repealed  by  this  act 29 

this  act  to  be  In  force,  when 29 

Actions.     See  "Suits," 

Advertisement  of  sale  of  school  land 24 

See  "Notice." 

Apportionment,  how  made  among  townships  8 
funila  to  schools  composed  of  different 

districts It 

how  made  in  forming  new  districts. ...  11 

Attachment,  in  what  cases,  may  issue 16 

Auction,  lands  may  be  sold  at,  by  trustees  13 

Auditor  of  public  accounts,  his  duties 23 

shall  make  dividends  of  school  funds. .  23 

shall  issue  warrants  for  same 23 

to  be  furnished  with  transcripts  of  sales  28 
shall  issue    patents  to   purchasers  of 

school  lands , 23 

may  issue  duplicate  copies  of  patents  29 

Bonds,  of  superintendent 5 

of  school  commissioners 6 

form  of 7 

of  township  treasurer,  where  to  be  filed  7 

directors  may  issue  for  borrowed  money  15 

how  such  are  to  be  executed 1.') 

Books  of  township  treasurer 19 

for    school  ^commissioner,   how    paid 

for  7 


Causes  of  action,  existing  to  remain  vaUd  25 
See  "Suits." 

Certificates,  of  boai-d  ofdirectors 14 

of  teachers,  must  be  exhibited 17 

grades  of 16 

of  teachers,  to  be  attached  to  schedules  18 

form  of 18 

of  directors,  to  be  attached  to  schedules  18 

form  of 18 

of  purchase  to  be  given 28 

of  purchase,  duplicates  may  issue 28 

Circulars,  to  be  issued  by  superintendent. .  5 

Cities.     See  "Towns  and  Cities." 

Clerk  of  board  of  trustees,  how  appointed  10 

duties  of 10 

must  join  in  executing  conveyances...  10 

of  board  of  directors 13 

of  board  of  directors  to  sign  bonds 15 

county,  to  make  computation  of  taxes  14 

computation  to  be  final 14 

shall  deliver  to  treasurer  certificate  of 

amount  due 14 

how  to  proceed  where  a  district  is  in 

two  counties 15 

Collector,  county,   to  pay  over  taxes  to 

township  treasurer 15 


PAOB. 
Collector,  in  case  of  refusal  to  pay  over, 

may  be  sued 15 

not  liable  for  taxes  he  could  not  collect    15 
to  pay  over  tflxes  on  warrant  of  auditor    23 

to  pay  gold  and  silver 23 

Collector  may  be  proceeded  against  in  coun- 
ty  court 23 

compensation  of 23 

Compensation  of  superintendent 6 

of  collectors 23 

of  commissioners 23 

of  township  treasurers 23 

of  county  treasurers  23 

Common  school  lands.     See   "Lands"  and 

"Real  Estate." 
Common   school  funds.     See  "Funds"  and 

"Moneys." 
Commissioners.     See  "School  Commission- 
ers." 
Compromise,  may  be  made  by  trustees. . . .     13 

Consolidation  of  two  or  more  districts 12 

Contracts  to  remain  valid 25 

directors  shall  not  be  interested  in    ...     14 
Conveyances,  of  school  sites,  how  executed    12 

to  trustees,  how  to  be  made 13 

of  school  lands,  how  made 28 

Costs,  none  to  be  charged  against  school  of- 
ficers, in  certain  cases 25 

of  suits  for  trespassing  on  school  lands    26 
See  "suits." 
Counties,  not  collecting  funds,  to  receive 

none 21 

how  taxes  are  to  be  distributed  to 23 

Courts,  county,  may  remove  school  com- 
missioners       7 

may  require   new  bonds  from  commis- 
sioners        7 

shall  have  jurisdiction  in  trespass  to 

school  lands 26 

shall  have  jurisdiction  in  actions  against 
collectors 23 


Damages  may  be  awarded  against  collector  15 

may  be  awarded  on  breach  of  mortgage  80 

Devise,  may  be  bequeathed  to  trustees 12 

Debts,   due  to  schools,  to  be  first  paid 20 

Directors,  school  or  district 

duty  of,  to  transfer  pupils 11 

to  have  control  of  schools  formed  from 

two  or  more  districts 11 

to  draw  orders  for  money 11 

to  pay  share  of  expenses 12 

to  have  control  of  school  houses,  etc..  12 

may  convey  school  site 12 

election  of 13 

in   case  of  vacancy  in  board  of,   how 

filled 18 

election  may  be  postponed IS 

to  appoint  a  clerk — duties  of 13 


272 


INDEX   TO   THE   LAW. 


PAGE. 

Directors  shall  not  be  trustees 14 

shall  not  be  interested  in  contracts. ...  14 

may  levy  a  tax  for  school  purposes 14 

shall  determine  amount  necessary  to  be 

raised  for  school  purposes 14 

shall  determine  what  rate  per  cent,  shall 

be  levied 14 

shall  make  known  estimates,  with  a  list 
of  tax  payers  to  county  clerk  by  cer- 
tificate    14 

form  of  certificate 14 

shall  inform  collector,  where  districts 
are  composed   of  several  townships, 

to  what  treasurer  to  pay  over  taxes  .  15 
how  to  proceed  where  a  district  is  In  two 

counties 15 

Directors,  school  or  district — 

may  borrow  money 15 

to  be  a  body  corporate,  etc 15 

may  purchase  libraries 14 

shall  establish  schools,  erect  houses,  etc  15 

shall  visit  schools 15 

shall  appoint  teachers 15 

may  dismiss  them 15 

may  expend  surplus  moneys 14 

liable  for  balance  due  teachers 15 

when  execution  may  issue  against.    ...  15 

shall  examine  and  certify  to  schedules  18 

form  of  certificate 

shall  file  schedule  with  treasurer 18 

not  to  certify  schedule  in  certain  cases.  13 
exempted  from  working  on  roads  and 

serving  on  juries 24 

liabilities  of 24 

penalty  for  failing  to  perform  duties..  24 
heretofore  appointed,  to  continue  in  of- 
fice until  successors  are  elected 25 

See  "  OGBcers  of  schools," 
Directors  of  union   schools,  how  appointed 

and  their  duties 11 

Distribution,  how  ma  le  in  forming  new  dis- 
tricts    11 

how  made  in  dividing  districts 12 

of  taxes,  to  counties 23 

Districts,  school,  may  be  formed  from  two 

or  more  townships 11 

pupils,  from  two  or  more,  may  be  trans- 
ferred   11 

when  several  districts  are  consolidated, 

new  dist.-ict  to  own  the  property. ...  12 
In  case  of  division  of  funds  to  be  distrib- 
uted   12 

when  composed  of  two  or  more  town- 
ships, how  to  collect  taxes 14 

when  situated  in  two  counties,  how  tax- 
es are  to  be  collected 15 

Dividends,  of  school  tax,  to  be  declared  by 
auditor  to  be  psud  on  auditor's  war- 
rant    28 

Elections,  of  superintendent  of  public  in- 
struction    5 

of  school  commissioners 6 

of  trustees  of  schools 9 

trustees  to  act  as  judges  and  clerks  of.  10 

manner  of  conducting,  for  trustees. ...  10 

qualification  of  voters  at,  for  trustees.  10 

in  case  of  a  tie  in,  for  trustees 10 

judges  of,  to  deliver  to  school  commis- 
sioner poll  book  and  certificate 10 

poll  book  and  certificate  to  be  evidence  10 

of  school  directors 13 

judges  of,  their  duty 13 

for  purpose  of  raising  funds,  to  be  sub- 
mitted to  the  people 15 


PIOB. 

Elections  shall  be  held  before  issuing  bonds 

for  borrowing  money 15 

shall  be  held  in  order  to  ereet  or  change 

school  houses 15 

Evidence,    receipt   of  township    treasurer 

shall  be 8 

school  commissioner  may  give 9 

poll  book  and  certificate  of  election  to  be    10 
poll  book  and  certificate  of  election  to 

be 14 

Examination,   of  books,   notes,    accounts, 

etc.,  to  be  made    12 

of  teachers 16 

Executions.      See  "  Judgments  and  Exe- 
cutions." 
Exemption,  of  school  officers  from  working 

road,  serving  on  juries,  etc 24 

Expenses  of  supporting  schools,  how  paid.     14 
Executors  and    administrators    shall  pay 

school  debts  first 20 

Fines.     See  "  Penalties." 

Funds,  may  be  withheld  by  superintendent  6 

county,  may  be  loaned 8 

tax,  how  divided  in  formation  of  new 

districts 11 

how  distributed  by  trustees 11 

trustees  may  make   orders  for  collec- 
tion of 11 

how  distributed  in  division  of  a  district  12 
Funds,  not  to  be  paid  out  except  as  desig- 
nated     '. 17 

what  shall  constitute  the  principal  of 

school 22 

no  part  of  school,  to  be  expended  . . , .  22 

how  to  be  paid  out 22 

form  of  order 22 

what  shall  constitute  school 22 

where  a  county  fails  to  collect  taxes, 

not  to  be  received  by  such  county. . .  22 

state  to  pay  interest  on  school  22 

dividends  to  be  made  by  auditor,  of 

school :.  23 

to  be  paid  on  auditor's  wan-ants. ....  23 
not  to  be  paid  to  local  treasurer  in  cer- 
tain cases 25 

persons  of  color  to  have  benefit  of. . . .  25 
statement  of,  to  be  mad'e  by  commis- 
sioner    28 

See  "Moneys." 

Gifts  and  grants  may  be  made  to  trustees    12 

Improvements,  liable  to  be  destroyed,  not 

to  be  included  in  mortgages 20 

Indictments,  persons  liable  to,  for  trespass- 
ing on  school  lands 26 

Interest,  on  money  loaned,  account  to  be 

kept  by  commissioners 7 

of  county  fund,  how  to  be  applied. ...  8 

what  rate  of,  may  be  levied  by  directors  15 

on  money  borrowed  by  directors 15 

rate  of,  on  money  loaned  by  treasurer  19 

proceedings  in  case  of  failure  to  pay. .  20 

to  be  paid  by  the  state  on  school  fund  22 

Judgments  and  executions,  real  estate  may 
be  purchased  by  trustees  in  satisfac- 
tion of 18 

for  damages  against  collector 15 

in    what  cases  executions   may  issue 

against  trustees  and  directors 16 

may    be    rendered    by    county    court 

against  collector 16 

in  case  of,  against  treasurer 24 

to  be  a  lien  from  date  of  process 24 


INDEX   TO    THE   LAW. 


273 


PAGE. 

Justices  of  the  peace  to  have  jurisdiction  in 

certain  cases 2G 

to  h;ive  jurisdiction  in  certain  cases. ..  26 

in  case  of  failure  to  pay  over  fines,  etc.  20 


Lands,  school,  petition  for  sale  of,  to  be  re- 
corded    7 

account  of  sales  of,  to  be  kept 7 

purchases  of,  declared  valid 13 

leases  of,  to  remain  valid 25 

heretofore  offered  for  sale,  how  to  be 

sold ..  25 

what  shall  constitute  a  school 25 

business  of  townships  shall  be  transact- 
ed in  the  county  which  contains  the 

greatest  portion  of 26 

penalty  for  cutting  trees  on 26 

penalty  for  trespassing  on 26 

sales  of,  how  to  be  made 26 

what  number  of  inhabitants  a  township 

shall  contain  in  crder  to  sell 26 

how  to  be  subdivided 27 

terms  of  sale  of 27 

place  of  selling 27 

notice  of  sale  of 27 

school   commissioners   shall   sell,   and 

how ... . 27 

payment  for,  how  to  be  made 27 

unsold,  how  to  be  disposed  of 27 

certificate  of  purchase  to  be  given.  ...  28 

statement  of  sales  of,  how  made 28 

transcript  of  sales  of,  to  be  made  to  au- 
ditor   28 

purchasers  of,  to  receive  a  patent 28 

See  "Real  Estate." 

Leases  of  school  lands  to  remain  valid 25 

Liabilities,  of  school  officers ,. 24 

Liabilities,    i-eal   estate   bound  for  claims 

against  school  officers 24 

See  "Penalties." 

Libraries,  may  be  purchased  by  directors  14 
Lie»s,  process  against  school  officers  shall 

be  from  date 24 

Loans,  of  money  by  treasurer,  to  be  made  19 


Mandamus,  may  be  issued  in  certain  cases  16 

Maps,  of  townships  to  be  prepared 11 

to  be  certified  and  recorded 11 

Meetings,  for  examination  of  teachers.. ..  17 
Moneys,  to  be  delivered  by  school  commis- 
sioner to  successor 8 

may  be  loaned  by  school  commissioner  8 
to  be  paid  on  order  of  the  directors. . .  11 
for  use  of  townsliip  to  be  paid  to  treas- 
urer  •. 1.3 

for  school  purposes  may  be  raised  by 

directors 14 

rate  per  cent,  to  be  determined  by  di- 
rectors    14 

may  be  borrowed  by  directors 15 

surplus,  may  be  expended  by  directors  14 

may  be  loaned  by  treasurer 19 

additional  security  may  be  required  . .  20 
See  "Funds." 
Mortgages,  in  name  of  school  commissioner 

declared  valid 8 

Buits  may  be  brought  on,  and  how 8 

may  be  canceled  by  trustees Id 

to  be  taken  for  money  loaned  by  treas- 
urer    20 

in  case  of  breach  suit  may  be  main- 
tained   20 

improvements  liable  to  be  destroyed 

not  to  be  included  in 25 


PAGE. 

Negroes.    See  "Persons  of  color." 
Notes,  in  name  of  school  commissioner  de- 
clared valid 8 

how  suits  may  be  brought  on 8 

may  be  canceled  by  trustees 13 

may  be  taken  by  treasurer  for  money 

loaned 20 

Notice  of  sale  of  school  site  to  be  posted..  12 

of  sale  of  real  estate 12 

of  election  of  directors 13 

of  election  to  borrow  money  15 

of  election  to  change  school  houses. ...  15 

of  meetings  for  examination  of  teachers  17 

of  sales  of  school  lands 27 

Office,  term  of,  of  superintendent P 

o.ath  of,  superintendent 5 

term  of,  school  commissioners 7 

term  of,  trustees 9 

school  commissioners  to   continue  in, 

until  successors  are  elected 25 

trustees  of  schools  to  continu<)  in,  until 

successors  are  elected 25 

directors  to  continue  in,  until  success- 
ors are  elected 25 

Officers  of  schools,  exempted  from  working 

roads,  serving  on  juries,  etc 2-i 

liabilities  of 24 

real'  estate  of,  subject  to  lien 24 

subject  to  penalty  for  failing  to  do  duty  24 

of  schools  responsible  for  losses 24 

not  liable  for  costs  in  certain  cases. ...  25 
heretcfoi-e  appointed  to  continue  in  of- 
fice until  successors  are  elected 25 

in  towns  and  cities,  their  duties 25 

of  courts,  not  to  require  costs  in  certain 

cases 25 

In  case,  fail  to  pay  over  fines,  etc 26 

Patents,  to  be  given  to  purchasers  of  school 

lands 28 

how  to  be  issued 23 

duplicate  copies  of,  may  be  issued. ...  28 

Payment,  for  school  lands,  how  to  be  made  27 
Penalties,  what,  collectors  may  be  subject 

to 15 

Penalties,  what,  township  treasurer  may 

be  subject  to 21 

what,  school  officers  may  be  •uliject  to  24 
what,  school  officers  may  be  subject  to 

for  failing  in  their  duties 24 

what,  in  case  of  false  returns 24 

how  disposed  of 24 

for  cutting  trees  on  school  lands 26 

for  trespassing  on  school  lands 26 

how  collected 26 

how  disposed  of 26 

Persons  of  color,    have  benefit  of  school 

fund  in  certain  cases 25 

Petition,   for  sale  of  school  lands  shall  be 

presented 26 

how,  shall  be  signed,  etc 26 

Postage  of  superintendent,  how  jiaid 6 

Process,  in   what  case  to  issue IS 

how  to  be  served 16 

from  date  shall  be  a  lien 24 

President  of  board  of  trustees,  how  appointed  10 

duly  of 10 

of  board  of  directors  to  sign  bonds. ...  15 
Property  of  a  district  to   be  distributed  in 

case  of  a  division 12 

Pupils  of  two  or  more  districts,  how  trans- 
ferred   11 

Purchase  of  real  estate  by  trustees 13 

of  school  lands  by  persons,  how  made.  .  27 

certificates  of,  to  be  given 27 


274 


INDEX   TO   THE   LAW. 


PAGE. 

Purchasers  of  school  lands  to  receive  pat- 
ents    28 

may  obtain   duplicate  patents 28 

Qualifications  of  teachers 16 

Real  estate,  taken  for  debts  may  be  resold  9 
may  be  purchased   by  trustees  in  cer- 
tain cases 18 

title  to,  to  vest  in  trustees  in  certain 

cases  .. 12 

may  be  deeded  to  trustees  in  com- 
promise    13 

may  be  sold  at  auction  by  trustees 13 

sales  of,  how  made  , 13 

purchases  of,  declared  valid 13 

shall  be  bound  for  claims  against  school 

officers  from  date  of  process 24 

sale  of,  shall  not  defeat  lien 24 

may  be  sold  in  satisfaction  of  judgment  24 
See  "  Lands." 

Removal  of  township  treasurer,  how  made.  13 

of  teachers,  how  made  16 

Reports  of  superintendent 6 

when  to  be  made  to  governor 6 

to  be  laid  before  general  assembly  ....  6 

of  schools  in  towns  and  cities 25 

Returns,  in  case  of  ofBcers  making  false...  24 
Rules  and  rngulations  may  be  made  by  su- 
perintendent    6 

Salary  of  superintendent 6 

when  and  how  paid 6 

See  "  Compensation." 

Sales  of  school  houses  and  sites 12 

of  lands  at  auction 13 

shall  not  affect  lien  on  real  estate 24 

of  school  lands,  how  to  be  made 26 

of  school  lands,  terms  of 27 

of  school  lands,  place  of  selling 27 

of  school  lands,  advertisement  of. 27 

of  school  lands,  to  be  made  by  commis- 
sioner   23 

of  school  lands,  payments  how  to  be 

made 27 

unsold  lands  subject  to  private  sale 27 

statement  of,  to  be  made  by  commis- 

gioner 2S 

transcript  of,  to  be  furnished  to  auditor  28 
Schools,  under  supervision  of  superintendent  5 
information  respecting,  to  be  commu- 
nicated to  superintendent, 

to  be  visited  by  school  commissioner.  S 
may  be   established  comprising  pupils 

of  different  districts 11 

when  so  established,  how  supported. . .  11 

Schools,  directors  to  have  control  of 11 

expense  of  supporting,  how  paid 11 

union ,  how  formed 11 

devise  or  grant  may  be  made  to 12 

directors  to  determine  amount  necessa- 
ry for 14 

to  be  established  by  directors 15 

not  to   be  extended  longer  than    six 

months 15 

School  commissioners,  to  advise  with  super- 
intendent    5 

when  and  how  elected 6 

to  give  bond 6 

condition  and  penalty  of  bond  of. . . . ,  7 

action  may  be  maintained  on  bond  of.  7 

form  of  bond  of 7 

liable  to  be  removed  by  county  court.  7 

shall  give  new  bond  if  required 7 

vacancy  in  office  of,  how  filled 7 

to  provide  books  of  record  7 


PARE. 

School  commissioner,  to  rcord  plats,  etc.  7 
to  record  petitions  for  sale  of  lands. ...  T 
to  keep  an  account  of  sales  of  lands.  .  7 
to  keep  an  account  of  money  loaned. .       7 

books,  how  paid  for 7 

shall  file  bond  of  township  treasurer. .  .       7 
shall  deliver  to  township  treasurer  all 

bonds,  notes,  mortgages,  etc 7 

shall  take  receipt  for  same S 

receipt  to  be  evidence 8 

shall  make  apportionment  among  town- 
ships, and  how 8 

shall   pay  over  distributive  share    to 

treasurer  annually 8 

shall  loan  county  fund 8 

interest,  how  to  be  applied 8 

shall  give  information  to  superintend- 
ent        8 

shall  deliver  to  successor  all  property 

on  expir.ition  of  office 8 

may  loan  moneys  in  same  way  as  treas- 
urers         8 

notes,  mortgages,  etc.,  in  name  of,  valid     8 

suits  may  be  brought  in  name  of 8 

duty  of,   to  visit  schools,  to  give  direc- 
tions, etc 8 

to  have  primary  jurisdiction 8 

may  employ   a    competent  person  to 
furnish  information,   statistics,  etc., 

in  certain  cases S 

person   so  employed  to  have   access  to 

books,  papers,  etc.,  of  township  ....       9 
to  pay  compensation  to  person  so  em- 
ployed         9 

to   collect   amount   so  paid  in  action 

against  trustees 9 

may  be  witness  in  such  action 9 

money  so  recovered  to  be  paid  over  to      9 
may  resell  real  estate  taken  for  debts.       9 
may  retain   percentage  for  selling. ...       9 
shall  examine  teachers  and  give  certifi- 
cate      16 

may  revoke  certificate 4     16 

to  fix  a  time  for  examining  teachers. . .     17 
may  proceed  against  collector  in  coun- 
ty court 23 

compensation  of 23 

exempted  from  working  roads,  serving 

on  juries,  etc 25 

liabilities  of 24 

penalty  foj  failing  to  perform  duties. . .     24 

term  of  office  of 25 

not  to   pay  funds  to  local  treasurer  in 

certain  cases 25 

may  bring  suits  against  oflScers  failing 

to  pay  over  fines,  etc 26 

shall  sell   school  lands,   and  in  what 

manner 26 

shall  give  to  purchaser  certificate 28 

shall  make  statements  of  sales,  moneys 

etc 28 

shall  furnish  to  auditor  transcript  of 

sales 28 

School  directors.     See  "Directors." 
School  fund.    See  "Fimds"  and  "Moneys." 
School   houses,  title  to,  vested  in  trustees.     12 

control  of,  vested  in  directors 13 

may  be  conveyed  by  dh'ectors 13 

shall  not  be  erected  or  charged  without 

an  election 15 

School  lands.    See  "  Lands"  and  "Real  estate." 
School  sites.     See  "Sites." 
School  trustees.  See  "  Trustees  of  schools." 
School  taxes.     See  "  Taxes." 

Schedules,  shall  be  kept  by  teachers 17 

what,  shall  contain 17 


INDEX   TO    THE   LAW. 


211 


PAQE. 

Schedules,  form  of 17 

to  be  certified  by  teachers IS 

to  be  delivered  by  directors 18 

to  be  examined  by  directors 18 

to  be  certified  by  directors X9 

to  be  filed  with  treasurer IS 

not  to  be  certified  in  certain  cases. ...  IS 
Section,  sixteenth,  declared  school  lands. .  25 
Securities,  bound  for  demands  against  prin- 
cipals    24 

of  scliool  commissioner  not  exempted 

from  liabilities 24 

additional  may  be  required  in  certain 

cases 20 

Settlement  may  be  made  with  trustees  by 

persons  indebted IS 

Sites  for  schools,  sales  of,  how  made 12 

purchases  of,  how  made 15 

Sixteenth  section,  declared  school  lands. . .  25 

State  shall  pay  interest  on  school  fund. ...  22 
Statement  of   condition  of  schools  to  be 

prepared 11 

what  shall  be  contained  in , 11 

of  treasurer  to  be  laid  liefore  trustees  21 

what  shall  be  contained  in  such 21 

of  sales  of  land  and  moneys  received 

by  commissioner 28 

Stationery,  allowed  to  superintendent 6 

Suits,  may  be  brought  on  notes,  mortgages, 

etc.,  by  commissiiuner 8 

school  commissioner  may  be  a  witness 

in ...  9 

may  be  brought  against  treasurer 13 

may  be  brought  against  collector  for 

refusal  to  pay  over 15 

damages  to  be  awarded  in 15 

may  be  maintained  for  breach  of  condi- 
tion in  a  mortgage 20 

how   brought  for   interest  on   money 

loaned 21 

all  suits  may  he  brought  in   name  of 

ti-uslees 21 

may  be  brought  against  treasurer,  on 

bond 21 

may  be  brought  in  county  court  against 

collector 15 

may  be  brought  against  trustees  for  in- 
sufficiency of  treasurer's  securities. .  24 
may  be  brought  against  officers  failing 

in  their  duty 24 

costs  of,  not  to  be  charged«in  certain 

cases 25 

may  be  maintained  f  jr  trespassing  on 

school  lands 25 

may  be  maintained  for  cutting  trees  on 

school  lands 25 

hnw  brought  for  penalties    25 

how    brought    against    purchasers    of 

lands ' 27 

Superintendent  of  public  instruction,  when 

and  how  clecte<l 5 

term  of  oflflce  of 5 

oath  of  office  of 5 

office  of,  where  to  be  kept 5 

bond  of,  penalty  and  condition  of 5 

boolcs  and  documents  to  be  preserved 

by 5 

record  to  be  kept  by 5 

to  pay  over  moneys 5 

to    advise    school    commissioners    and 

teachers  6 

to  have  supervision  of  schools 5 

to  issue  circulars 5 

to  make  reports  to  governor 6 

to  issue  state  certificates 6 

contents  of  report  of 6 


PAGE. 

Superintendent  of   public  instruction,   to 

make  rules  and  regulations 15 

to  explain  and  interpret  this  act 0 

his  decision  to  be  final  except  in  certain 

cases C 

may  cause  funds  to  be  withheld 0 

salary  of,  when  and  how  paid C 

to  be  allowed  postage,  stationery,  etc. .  ti 
shall   superintend  iJubUcation  of   fliis 

act 2a 

shall  distribute  this  act,  and  in  what 

manner 29 

Taxes,  school,  how  distributed  when  new 

district  is  formed 11 

directors  may  levy 14* 

to  be  computed  by  county  clerk 14 

how  collected 14 

to   be  paid  by  collector  to  township 

treasurer 15 

in   case  of  refusal  of  collector  to  pay 

over 15 

Taxes,_  school,  how  collected  where  district 

is  in  two  counties 15 

shall  not  be  levied  for  extending  school 

longer  than  six  months 15 

two  mill,  to  constitute  school  fund. ...  22 
■  where  county  falls  to  collect,  it  shall 

receive  none 22 

dividends  of,  to  be  made  by  auditor. .  23 

levied,  to  remain  valid 25 

persons  of  color  to  have  benefit  of 25 

Teachers,  balance  due  them  after  fund  is 

e.xhausted,  how  collected 15 

to  be  appointed  by  directors 15 

compensation  of,   regulated  by  direc- 
tors   15 

may  be  dismissed  by  directors 15 

to  IJe  examined  by  co'mmissioner 16 

qualifications  necessary  for 10 

to  receive  certificate 16 

form  of  certificate 16 

meetings  for  examination  of 17 

in  case  of  failure  of,  to  attend  examina- 
tion    17 

to   exhibit  certificate  before  receiving 

funds IT 

may  teach  jiarticular  branches  in  cer- 
tain cases 17 

shall  keep  schedules 17 

form  of  schedules '. 17 

shall  attach  certificate  to  schedules. ...  18 

to  deliver  schedules  to  directors 18 

not  receive  compensation  until  sched- 
ule is  filed 18 

Title  to  trustees  to  vest  in  trustees  in  cer- 
tain cases 13 

Towns  and  cities,  special  acts  of,  not  changed 

by  this  act 25 

officers  of,  having  in  charge  school,  du- 
ties of 25 

Townships,  appointment  among  how  made  8 
distributive  share  of,  to  be  paid  to  treas- 
urers annually 8 

business  of,  to  be  done  by  trustees. ...  9 

to  be  body  corporate 9 

terra  of,  name  of  and  style  of 9 

to  be  laid  olf  in  districts 11 

map  of  to  be  prepared 11 

school   districts  may  be  formed  from 

several 11 

when  divided  by  county  line   separate 

enumerations  to  be  made 13 

to  be  considered  as  incorporated  by  this 

act : .25 

Townsliip  treasurer.     See  "Treasurer." 


276 


INDEX    TO    THE    LAAV. 


PAGE. 

Transcript  of  sales  of  school  lands  to  be  fur- 
nished to  auditor  2S 

Treasurer,  township,  bond  of,  to  be  filed  by 

school   commissioner  7 

moneys, bonds,  etc.,  to  be  delivered  to, 

by   commissioner 7 

to  give  receipt   for  same 7 

receipt  of,  to  be  evidence 8 

distributive  share  to  be  paid  to,  annual- 
ly   8 

how  aiipointed 9 

township,  accounts  of,  to  be  examined  12 
proceeds  of  sales  of  school  sites,  to  be 

paid  to 12 

moneys  for  use  of  townships  to  be  paid 

to l.S 

may  be  removed  by  trustees 13 

may  be  sued  on  bond 13 

collector  to  pay  over  to,  full  amount,  of 

tax 1.") 

schedule  to  be  filed  with Is 

to  give  bond  and  security IS 

form  of  bond  of 19 

to  provide  books  and  keep  accounts. . .  19 

accounts,  how  kept 19 

shall  loan   money 19 

terms  on  which,  shall  loan  money  ....  19 

may  require  additi  nal  security 20 

if  not  given,  shall  institute  suit 20 

shall  have    debts  due    probated  and 

classed 20 

may  bring  suits  for  interest  on  loaned 

money 21 

shall  keep   all  moneys,  books,  &c.,  of 

township 21 

shall  make   statement  to  trustees,   on 

certain  days 21 

■what  shall  be  contained  in  statement  of  21 
l/Biialty  in   case   of  failure  to  perform 

duties 21 

not  liable  in  certain   cases 21 

to  deliver  money,  books,    &c.,  to  suc- 
cessor   21 

in  case  of  death  of 21 

Treasurer,  township,  compensation  of 23 

exempted  from  working  roads,  serving 

on  .juries,  etc 23 

liabilities  of. 24 

Trees,  penalty  for  cutting,  on  school  lands  26 

Trespass  on  school  lands,  how  punished. . .  26 
Trustees  of  schools  to  be   body  corporate 

and  politic 9 

name  and  style  of 9 

term  of  office 9 

eligibility  of 9 

election  of 9 

election  of,  may  be  postponed  in  cer- 
tain cases 9 

to  act  as  judges  and  clerks  at  elections  10 
in  case  of  refusal  of,  to  serve  at  elec- 

_  tions ". 10 

time  and  manner  of  electing 10 

qualifications  of  voter  for 10 

in  case  of  a  tie  in  election 10 

in  case  of  a  vacancy  in  board  of 10 

to  be  successors  to  trustees  of  school 

lands 10 

property  to  be  vested  in 10 

to  hold  semi-annual  meetings 10 


PAGE. 

Trustees,  special  meetings  of,  how  called. .  10 

how  board  of   shall  be  organized 10 

may  appoint  a  president 10 

may  appoint  a  township  treasurer 10 

may  remove  rflicers  for  cause 10 

duty  of  president  of  board  of 10 

duty  of  clerk  of  board  of 10 

must  lay  township  off  into  districts. ...  11 

to  prepare  map  of  township 11 

may  form  school  districts  from  several 

townships 11 

to  make  division  of  taxes  iu  new  dis- 
tricts, and  how 11 

funds,  how  to  be  distributed  by 11 

may  make  ordere  for  collection  of  funds  11 
to  ascertain  amount  in  hands  of  treas- 
urer   11 

to   di-aw  on  treasurer  for  payment  of 

teachers , 11 

may  appoint  directors  of  union  schools  11 
shall  make  statements  of  condition  of 

schools 11 

what  shall  be  contained  in  statement  of  11 
duty  of,  in  case  township  is  divided  by 

county  line 13 

shall  make  examination  of  books,  mort- 
gages, etc 12 

may  receive  devise,  gift  or  grant 12 

vested  with  title  and  custody  of  school 

houses 12 

president  and  clerk  of  board  of,  to  ex- 
ecute convej-ances 12 

to  distribute  funds,  etc.,  in  division  of 

district 12 

shall  cause  all  moneys  to  be  paid  to 

treasurer 13 

may  remove  township  treasurer 13 

may  sue  township  treasurer 13 

may  purchase  real  estate  in  satisfaction 

of  judgment 13 

title  to  such  estate  to  vest  in,  for  school 

purposes 13 

may  settle  with  persons  indebted 13 

may  receive  deeds  to  i-eal  estate  in  com- 
promise    13 

may  cancel  bonds,  mortgages,  etc  ....  13 

may  lease  or  sell  lands  at  auction 13 

shall  not  be  interested  in  contracts. ...  li 

shall  not  be  director 14 

execution  may  issue  against 16 

exemptefiifi'om  woi'king  roads,  serving 

on  iuries,  etc 23 

liabilities  of 24 

liable  for  suflicicncy  of  treasurer's  se- 
curities    24 

penalty  for  failing  to  perform  duties  .  .  24 
to  continue  in  office  until  successor  is 

appointed 25 

how  to  proceed  in  selling  school  lands  27 
Trustees  of  school  lands,  trustees  of  schools 

declared  successors  of 10 

Vacancy  in  office  of  school  commissioner, 

how  filled 7 

Vacancy  in  board  of  trustees,  how  filled...  10 

Witness,  school  commissionei-^ay  be 

See  "Evidence." 


INDEX    TO    MANUAL. 


PAGE. 

Apportionment  by  Commissioner 42,  155 

"  by  Trustees 67,  7'2,  162 

"             of  proceeds  and  school  prop- 
erty   T5,  167 

Bond  :  of  State  Superintendent 35 

Commissioner. 40 

Treasurer 77,  170 

for  use  of  district 253 

Commissioner  :  election  of. 40 

to  take  oatli 40 

to  give  bond 40 

to  make  statistical  report 40 

to  make  written  "     42 

to  keep  records '  45 

to  report  to  county  court  or  board 46 

to  forward  transcript  to  auditor 46 

to  decide  questions,  &c 47 

to  examine  teachers 52,  156 

to  appoint  times  for  public  examina- 
tions   156 

may  appoint  examiners 157 

examiner  not  school  officer 157 

may  examine  in  higher  branches 157 

fee  for  certificate 157 

cannot  antedate  certificate 157 

not  grant  certificat^e  to  immoral  persons  157 
to  revoke  certificate  of  immoral  persons  1.57 
to  exercise  supervision  over  schools. . .     51 

to  visit  schools 57 

power  of,  while  visiting  schools 57 

teacher's  report  to 55 

to  apportion  school  funds 42 

basis  of  apportionment : 155 

how  to  apportion  when  township  lies  in 

two  counties 155 

to    withhold     funds     in    certain     ca- 
ses   43,155,  156 

to  sell  school  lands 44,  158 

to  give  notice  of  sale 1.5S 

expenses  of  notice  to  be  paid  by 158 

"  advertising  to  be  paid  by.   15S 

m?  'oan  money  paid  for  school  lands.  158 
effv  if  neglecting  to  take  mortgage. . .  15S 
cm.       n  to  record  proceedings  of  sale. .  160 

to  receive  fines  and  forfeitures 49 

false  returns  to,  penalty  of 156 

to  encourage  county  institutes 48 

compensation  of 60, 158 

Compensation:  of  state  superintendent. . .      6 

of  commissioner 50,  158 

of  treasurer 88 

Directors:  election  of 90 

who  may  call  election  of 00 

to  be  judges  of  election 90 

may  adjourn  election 90 

failure  to  give  notice  of 90 


PAGE. 

Directors:  to  decide  election  by  lot 

in   certain  cases 90 

to  certify  poll  book 90 

to  return  poll  book  to  treasurer 90 

election  of,  to  be  on  Monday 93 

election  by  plui-ality  vote 92 

election  of  on  regular  day  valid,  with- 
out notice 93 

to  draw  lots  at  first  meeting 91 

to  hold  over  when  election  fails 92 

election  may  be  contested 152 

eligibility  of 94 

vacancies  in  board  of 90 

acts   valid  if  not   elected   on   regular 

day 0*3,151 

may  be  sworn 93 

may  resign 93 

ofhce  of,  vacated  by  removal 93 

two  directors  a  quorum 93 

cannot  be  trustee 94 

cannot  be  teacher 184 

a  body  corporate 94 

board  perpetual 95 

organization  of  board 94 

to  appoint  a  clerk 94 

acts  of  not  valid  unless  passed  in  meet- 
ing      94 

to  keep  schools  in  operation 95,  ISO 

cannot  unite  public  and  private  schools  183 
may  make  rules  and  regulations.  ...96,  ISl 
may  continue  schools  longer  than  six 

months 90,  ISO 

may  admit  persons  over  twenty-one.  97, 182 

' '  non-residents 97 

to  encourage  attendance  of  pupils.    ...     97 

to  prescribe  branches 99,  1''2 

to  appoint  text  books,  &c 99 

to  appoint  teachers  103 

to  e.xamine  certificate 103 

to  fix  salary  of  teacher 104 

cannot  borrow  money  to  pay  teacher. .  1S4 

may  dismiss  teacher 104,  ]b3 

boar  1  of,  only  liable  for  teacher's  wages  184 

to  certify  schedules 165 

cannot  certify  schedule  reaching  back 

more  than  six  months 1S6 

failure  to  certify  and  file  schedule 186 

not  pay  schedule  till  after   apportion- 
ment  181 

orders  on  treasurer,  how  drawn 1ST 

may  order  money  onI.y  of  treasurer. . . .  186 

may  purchase  school  sites -94 

may  borrow  money  and  issue  bonds. . .     94 

to  preserve  school  property 99 

to  levy  tax  to  support  schools 99 

may  use  surplus  funds 100 

duty  of,  toward  union  schools 102 

how  to  dissolve  union  schools 102 

not  personally  liable  for  acts  performed 

under  the  law 1S8 

penalty  for  neglect  of  duty 100 


278 


IXDEX    TO    ilAXUAL. 


PAGE. 

Diplomas  :  state,  issued  by  state  superin- 
tendent      39 

Elections  :  of  state  superintendent 35 

of  commissioner 40 

of  trustees 5S 

of  directors 90 

notices  for 145,  ISS 

may  be  held  in  afternoon 146 

when  polls  of  are  to  open  and  close  ...  146 
may  be  held  though  no  notice  given.  . .   140 

judges  of 146 

ballots,  when  to  be  received 147 

who  may  vote   at 147 

when  the  vote  is  a  tie 147 

plurality  vote  elects  officers 148 

poll  book  of  township  to  be  returned  to 

commissioner 143 

poll  book  of  district  to  be  returned  to 

treasurer 14S 

may  be  adjourned 148 

failure  to  hold 151 

refusal  to  call 151 

held  on  wrong  day 151 

manner  of  contesting 151 

first   elections    in  townships  and  dis- 
tricts    152 

Fines  and  forfeitures 49, 174 

for  trespasses S3 

for  neglect  of  duty  or  malfeasance. ...    24 

Forms:  district  election  notice 248 

poll  book  for  district 24S 

tally  list         "  .■ 24S 

returns  of  district  election 249 

certificate  of  "  249 

tax  certificate    249 

census  reports 250 

contracts  for  teachers  and  directors.. .  250 

directors'  report  to  treasurer 252 

' '  order  book '253 

"  bonds 258 

"  record 254 

township  election  notice 256 

"  poll  book 256 

treasurer's  bond 257 

"  books 357 

notes  for  treasurer 259 

mortgages 259 

township  Census  report 260 

commissioners'  record  of  examinations  260 

■   teacher's  certificate 260 

commissioner's  receipts 2(30 

"  notes 261 

teachers' registers 261 

"  class  book 263 

"  ledgers 263 

"  monthly  reports 264 

"  schedules 265 

Graded  Schools ...  209 

Holidays  :  right  of  teacher  to 115,  202 

what  days  are 202 

Interest  :  teacher  entitled  to 202 

on  township  fund 79 

on  judgment  in  favor  of  trustees S3 

on  bonds  issued  by  directors 15 

Judicial  Opinions  and  Decisions  :...  .145,  215 

Nos-Rfsident  Pupils  :  may  be  admitted  to 

schools 97 


PAGE. 

Notices  :  of  district  election ...    90 

of  township  "         ,-s 

of  public  examinations  of  teachers 15G 

Penalty:     for    less     than     six     months' 

school. . . , 70,  162 

for  trespasses 26,  S3 

for  neglect  of  duty  and  malfeasance ...     24 

Physical  Culture  : 246 

Pupils  :  at  what  age  admissible 204 

question  of  residence 204 

non-resident,  may  be  admitted 207 

persons  over  twenty-one  maybe  admit- 
ted   207 

under  control  of  teacher 207 

may  be  suspended  or  expelled 207 

rights  and  duties  of. 203 

Report:  of  state  superintendent 37 

of  school  commissioner 40,  46 

of  trustees 59 

of  directors 252 

of  teachers 116,  264 

Residence  : 204 

School  :  to  be  kept  six  months.. 70,  95, 162,  180 

teacher  for,  how  employed 102 

teacher  to  keep  report  of. 116 

directors  to  appoint  studies 99, 1S2 

non-residents  admitted 97 

to  be  visited 57,  104 

School  Apparatus  :  , 238 

School  Architecture  : 217 

School  Furniture  : 231 

School  House  and  Site: 209,  212 

Superintendent:  election  of 35 

to  take  oath 36 

to  give  bond 86 

duties  and  powers 87 

to  make  rules  and  I'egulations 88 

to  interpret  and  explain  law 39 

decisions  of,  final  and  obligatory 15-} 

will  not  decide  questions  in  litigation...  154 

may  issue  state  diplomas 89 

compensation  of 89 

Stamp  Tax: 2^3 

Taxes  :    to    be    assessed    for    support    of 

schools 99 

voted  for  building,  &c 117,  1S7 

divided,  when  district  is  divided 75,  167 

special  tax  for  continuing  school 96 

must  be  uniform 100 

not  vitiated  by  omission  to  tax  some 

property 1SS 

not  vitiated  by  irregularities 189 

special  tax  to  pay  teacher  in   certain 
cases 185 

Teacher:  directions  to 108 

to  exhibit  certificate 103,  106,  192 

to  renew  certificate 196 

assistant,  to  have  certificate 199 

to  keep  schedule 115,  20i) 

to  return       "       115,200 

may  dismiss  school  on  holidays  .  . .  .115,  202 

jurisdiction  over  pupils 116 

may  be  dismissed 116 


INDEX    TO    MANUAL. 


279 


PAGE. 

Teacher:  subject  to  directors 190 

entitled  to  wages  wlien  school  suspend- 
ed by  accident •  •  •  J^O 

number  of  days  must  teacii  for  month..  MU 
entitled  to  interest  '^^^'^ 


make  report  to  commissioner. 


116 
1T5 

no 

170 

77 

-17G 

77 
78 
78 
78 
7'.) 


Treasurer  :  appointment  of 77, 

to  execute  bond J7, 

form  of  bond l^i 

when  new  bond  required 

may  be  sued  on  bond 17, 

deliver    over  money,  papers,   &c.,  to 

,  successor 

duties  as  cleric  of  board 

to  report  to  commissioner 

to  be  custodian  of  school  funds 

may  loan  town  funds. 

circular  to,  concerning  loans 

to  collect  interest 82, 

duties  of,  concerning  defaulters 

to  collect  fines  ajrainst  trespassers 

custodian  of  district  funds 83 

duty  of,  when  order  is  presented — 84, 
notto  pay  orders  unless  money  due.. . 

schedules  to  be  filed  with 87, 

compensation  of 

exempt  from  road  labor,  &c 

cannot  borrow  school  fund 

duties  of,  concerning  fines  and  forfeit- 
ures  


Trustees:  election  of 58 

eligibility  of 50 

vacancies  in  board  of 58 

corporate  body 60 

meetings  of 50 


PAGE. 

Trbstebs  :  to  hold  property  in  trust 60 

may  purchase  and  receive  real  estate. .     60 

maV  receive  gifts,  grants,  &c 61 

dallies  in  sale  of  sixteenth  section 61 

to  lay  off  townships 61 

power  of,  in  laying  off  townshijis 61 

may  lay  off  districts  in  two  townsliips..  166 

to  execute  map O" 

cannot  change  boundaries,  only  at  reg- 
ular meetings 66,  165 

to  apportion  money  to  districts 67 

method  of  apportionment  explained...     68 
amiortion    according    to    six    months' 

rule 70,162 

basis  of  apportionment 72 

duty    of,    in    apportioning    on  sched- 
ules  73, 163 

duty    of,    to     apportion    on    separate 

schedules 74 

personally  liable _    163 

to    divide    funds    when    district    divi- 
ded  ; 75,167 

title  to  houses  vested  in «  . .     60 

to  sell  school  houses 76 

may  sell  school  lands 168 

cannot  borrow  township  fund 165 

acts  valid  though  election  on  wrong  day  151 
election  of,  may  be  contested 152 

Tuition:  may   be  charged    for    non-resi- 
dents       75 

for  persons  over  twenty-one 97,  207 

Vacancy  :   in  board  of  directors 90 

in  board  of  trustees. 58 


to  report  to  commissioner. 


59    Voters:  eligibility  of  at  school  elections. 


Stereotyped  by  J.  Conahan,  Chicago  Type  Foundry. 


NOTE  TO  THE  READER. 

The  author  regrets  that  some  errors — typographical  and  otherwise — have 
found  their  way  into  this  Tolume.  They  will  be  corrected  as  far  as  practicable 
in  future  editions,  which  will  come  more  directly  and  critically  nnder  his  per- 
sonal supervision,  as  they  pass  through  the  press.  Under  the  circumstances 
attending  the  issue  of  the  first  edition,  such  supervision  was  impossible.  For- 
tunately, the  errors  are  such  as  every  intelligent  reader  will  be  able  to  correct 
for  himself. 

The  extensive  demand  for  the  work  will  render  it  necessary  to  issue  other  and 
larger  editions  immediately,  which  can  be  done  with  facility.  They  will  follow 
in  such  order  as  to  keep  pace  with  the  demand. 

For  "  Plan  of  Second  Floor,"  page  224,  read  Plan  of  First  Floor. 
For  "  Plan  of  Third  Floor,"  page  225,  read  Plan  of  Second  Floor. 


THE    MOST    POPULAR    "W^ORKS ! 
THE  NATIONAL  SERIES  OF   STANDARD  SCHOOL   BOOKS 

Publishod  by 

BARNES  &  BURR,  51,  53  and  55  John  Street,  N.  Y., 

comprising 

Davief'  Complete  Coarse  of  MatlicniRtios,  in  34  volnmef?,  for  twenty  years  the 
StaniJard  In  American  Schools.  These  Books  are  constantly  revised  or  rf-tmitten,  as  the 
advance  in  science  or  methods  of  teaching  demand,  so  that  none  before  the  public  at  this  day  are 
more  thorougldy  progressive  and  practical,  and  none  enjoy  so  large  a  circulation.  Tlie  especial 
attention  of  teachers,  not  familiar  with  Prof.  Davies'  late  editions,  is  invited  to  the  following 
entirely  new  works: 

Darios'  New  Primary  Arithmetie,  -  -  -  -  Issued  May  1,  18G2. 
Davies'  New  Intellectual  Arithmetic,  .  -  -  .  Issued  July  ],  1862. 
Davies'  Elements  of  Written  Arithmetic,  -  -  -  Issued  Aug.  1,  1863. 
Davies'  New  Practical  Arithmetic,  -----  Issued  Jan.  1,  1863. 
Davies'  New  University  Arithmetic,      ------         in  press. 

Blonteith  &  BIcNally's  System  of  Geography,  in  four  numbers.     This  is  also 

tlie  leading  system  of  the  country  in  its  department.  The  aggregate  sales  dui-ing  ISCS  reached 
300,000  vols. — a  popularity  believed  to  be  unprecedented  in  the  history  of  American  School 
Geographies.  The  lower  numbers  are  skilfully  arranged  upon  the  "Object"  system  ;  the  inter- 
mediate [No.  3]  is  famous  for  its  "  map  questions,"  while  the  advanced  work  [McNally's]  is  the 
nearest  approximation  to  the  perfect  school  book  in  every  detail  of  mechanical  or  intrinsic  worth. 
The  exquisite  Ijeauty  and  delicacy  of  its  accurate  maps  are  above  comparison. 

No.  1.  The  Object  Lessons  in  Geography.  No.  3.  The  Mannal. 

No.  2.  The  Introduction.  No.  i.  HcXaly's  System. 

Parker  &  Watson's  Series  of  School  Readers  and  Spellers,  embracing  The 
Ppjmee,  Readers  in  Five  Numbers,  Spellees  in  Two  Numbers. 

This  series,  completed  in  1859,  on  the  1st  of  January,  1864,  ranked  third  in  total  circulation, 
of  fifteen  different  series,  whose  claims  are  actively  presented  to  the  public.  It  originated  in 
the  celebrated  "word-building"  method  which  is  embraced  in  the  Primer  and  First  Reader. 
This  success  led  to  the  preparation  of  the  higher  numbers,  each  relatively  superior.  The  illus- 
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selections  in  the  higher  numbers  are  the  best  productions  of  the  best  English  and  American 
authors,  compiled  with  admirable  skill.  The  Fifth  Reader  may  be  found  in  thousands  of  public 
and  private  libraries,  where  it  is  used  as  a  hand  book  of  Literature  and  Book  of  Reference.  The 
publishers' •' Circular  for  1863  and  '64,"  sent  to  educators  on  application,  contains  full  details 
concerning  these  remarkably  successful  books. 

Astoria,  N.  Y.,  June  10th,  1863. 
We  introduced  Parker  &  Watson's  New  Readers  into  our  scliool  in  April  last,  in  place  of 
Willson's,  which  were  previously  in  use. 

In  the  main  elements  of  good  reading  books  we  find  them  every  way  satisfactory. 

Wliile  the;/ are  fri'e  from -matter  not  pertaining  to  their  departinent,  they  present  syxtemaiic 
Elocution,  and  a  tvule  and  judicious  range  of  matter,  so  closely  graded  as  to  adapt  thein  to  the 
wants  of  all  classes  of  pupils. 

J.  L.  KETCHUM. 

Prof.  J.  W.  McDonald,  of  the  Methodist  College  at  Mt.  Pleasant,  Iowa,  says,  under  date  of 
December  23,  1S61,  of  the  Fifth  Reader  :  "The  book  surpasses  any  thing  of  the  kind  I  have 
examined.  In  addition  to  its  merits  as  a  school-book,  it  is  valuable  as  a  Dictionary  of  Literature 
and  Biography.  Its  beautiful  appearance  has  charmed  me  into  reading  many  of  the  selections 
which  were  before  familiar." 

From  Rev.  B.  F.  Crart,  D.  D.,  State  Superintendent  of  Minnesota. 
•'  The  '  National  Series  of  Readers '  are  among  the  best  books  of  the  age." 

Prof.  Samuel  P.  Bates,  Assistant  Superintendent  of  Public  Schools  of  Pennsylvania,  says, 
under  date  of  January  5,  1862 :  "  I  find  that  your  series  of  Parker  and  Watson's  National 
Readers  are  going  into  use  in  all  our  leading  Normal  Schools.  They  are  unquestionably  ahead  of 
Hny  thing  yet  published." 

(See  next  page.) 


(Barnes  &  Burr's  Advertisement — continued.) 
The  Netv  York   Teacher  says  of  the  'National  Fifth  Reader':     "  As  a  whole,  we  regard  the 
Book  as  the  best  High-School  Reader  yet  offered  to  the  public." 

From  Mosss  T.  Brown,  Superintendent  of  Public  Schools  of  Toledo,  Ohio. 
In  refrard  to  the  Readers  and  Spellers  of  Parker  and  Watson,  it  is  suflBcient  to  state,  that  the 
different  series  of  other  authors  were  critically  examined  by  our  Board  of  Education  and  myself, 
and  the  decision  was  unanimous  in  favor  of  the  National  Series.  Our  teachers  are  delijrhted  with 
the  hoolis,  and  ncne  more  so  than  the  primary  teachers.  I  consider  the  series  better  adapted  to 
our  graded-school  system  than  any  other  now  before  the  public. 

From  John  D.  Ford,  M.  D.,  President  S.  N.  Board  of  Instruction  for  Minnesota. 
After  a  thorou=ch  examination  of  the  various  excellent  Spellers,  Readers  and  Geographies  pub- 
lished by  the  different  houses,  the  Minnesota  Normal  Board  of  Instruction,  with  almost  entire  unani- 
mity, selected  and  adopted  Parker  and  Watson's  National  Series  of  Spellers  and  Readers,  and 
Monteith  and  McNally's  Series  of  Geographies.  This  decision  was  made  with  the  more  care,  as 
the  books  selected  were  to  be  used  in  the  schools  of  the  State  for  the  nest  five  years.  I  think  we 
shall  have  no  occasion  to  regret  the  decision. 

Rev.  John  D.  Bonnbl,  one  of  the  editors  of  the  Educational  Repository,  made  the  following 
report  to  the  Educational  Institute  of  the  Methodist  Church  : 

Returning  to  the  field  of  common  orthography,  I  have  yet  to  notice  the  Spelling-Books  which 
for  happy  adiptation  for  general  use,  are  decidedly  the  best  that  have  met  the  eye.  I  refer  to 
Parker  and  Watson's  National  Spellers — Elementary  and  Pronouncing.  I  had  occasion  to  notice 
the  latter  of  these  Books,  in  a  report  that  I  made  last  year.  My  opinion,  after  another  year's 
observation  of  their  use,  is  unchanged  ;  they  are  the  best  Spelling-Books  published  in  America. 
One  great  recommendation  that  they  possess,  with  me,  is  that  they  are  expressly  prepared  for  teach- 
ing spelling  by  writing,  instead  of  orally.  Orthography  is  the  correct  writing  of  words.  It  is  only 
when  we  want  to  write  a  word  that  we  want  to  know  what  letters  and  syllables  compose  it.  The 
\>\i\nl  that  is  taught  to  write  his  words  correctly  comes,  by  practice,  to  do  so  mechanically, 
unerringly,  and  without  diverting  his  thoughts  from  his  subject-matter.  A  spelling  book  well 
adapted  to  this  object  is,  ipso  facto,  one  of  the  best  of  its  kind.  The  compilation  of  Parker  and 
Watson,  in  addition  to  its  decisive  excellence,  is  marked  by  the  following  veritable  traits  :  First, 
a  very  judicious  arrangement  and  classification  of  words;  second,  a  good  system  of  phonetic 
marks  attached  to  letters  ;  third,  the  pronunciation  of  difficult  words  printed  in  full ;  fourth,  a 
correct  system  of  syllabication.  They  are  evidently  the  productions  of  original  mental  penetration 
and  actual  school-room  experience.     For  the  present,  at  least,  they  beak  the  palm. 

Clark'.s  Method  of  Teaching  Grammar,  in  two  numbers,  accompanied  by  the 

"  Chart,"  the  "  Key,"  and  the  ''  Analysis."  This  novel  system  has  excited  much  attention, 
and  the  rublishers  are  assured  by  numerous  educators,  that  it  is  "  <A«  owZr/ irite  wf(Aorf  q/" 
teaching  grammar.''''  The  mind  is  addressed  through  the  eye.  Diagrams  explain  the  rela- 
tions of  words.  A  dry  study  is  converted  into  a  pleasant  diversion,  while  the  power  of  asso- 
ciation exerts  its  full  effect  upon  the  memory.  Lindley  Murray,  liis  system  and  his  imitations 
are  passing  away  before  the  new  light. 

Mrs.  Emma  Willard's  School  Historian,  which  engages  a  wide  popularity. 

Smith  &  Martin's  Book-Keeping. 

Mansfield's  Political  Manual. 

Peck's  "  Ganot's  "  School  Philosophy,  a  splendid  work  of  art — the  illustrations 
were  obtained  from  the  plates  of  the  original  French  work,  which  is  the  standard  test  book 
in  France. 

Porter's  Chemistry,  two  numbers,  by  Prof.  Porter,  of  Yale  College. 

Alphonso  Wood's  New  Botanies.  Leaves  and  Flowers,  or  Object  Lessons  in 
Botany.     Neio  Class  Book  of  Botany. 

Emmon's  Geology. 

Pujal  &  Van  Norman's  French  Class  Book.  Grammar,  Conversation,  Litera- 
ture, Correspondence  and  a  Lexicon  in  one  volume,  insures  a  thorough  knowledge  of  the 
language. 

Boyd's  School  Edition  of  the  British  Poets. 

The  School  Teacher's  Library,  17  volumes,  in  fine  frame,  B.  &  B.'s  extensive 
list  of  over  800  volumes.  Superior  works  may  be  selected  in  nearly  every  department  that 
enters  into  Common  School,  .\cademic,  or  Collegiate  Instruction.  Teachers,  School  Com- 
missioners and  all  interested  in  the  cause  of  education,  are  invited  to  send  for  the  publishers' 
Illustrated  Descriptive  Catalogue,  sent  free  to  any  address. 


FlIVSICAZi,   DESCHIFTIVE   AXTD 

BUSINESS  MAP  OF  ILLINOIS! 

Showing  all  the  Townships,  Sections,  Railroads,  Stations,  Cities  and  Towns, 
and  exhibiting  in  colors  the 

G-eological    Features  of  tlie    State, 

Also,  its  Climatology  and  Botany,  together  with  Topographical  and  Statistical 
Tables,  etc.,  etc.,  from  recent  surveys, 

Secretary  of  the  Illinois  Natural  History  Society. 
Size  40  by  50  inches,  on  Rollers,  witli  Mnslin  Barlis.    -    -    Price  $5.00  per  copy. 

Address  C.  D.  WILBER,  care  Cobb,  Pritchard  &  Co.,  83  Lake  St.,  Chicago. 
^p"  Agents  wanted  in  every  county. 


RECOMMEND  ATI  OlSrS. 

Department  op  Public  Isstrcction,  Springfield,  May,  1864. 

Prof.  Wilber's  new  map,  entitled,  "Wilbur's  Physical  and  Descriptive  Map  of  Illinois,"  is 
issued  most  opportunely,  and  meets  a  want  which  has  lon^  been  felt  in  our  common  schools,  viz  : 
a  comprehensive,  reliable,  and  at  the  same  time,  an  attractive  map  of  Illinois.  Upon  it  are  de- 
lineated distinctly  and  beautifully,  all  the  physical  and  geographical  phenomena  of  the  State, 
which  are  susceptible  of  any  map  representation.  We  have  other  maps  of  Illinois,  some  of  them 
approved,  but  none,  in  point  of  design,  delineation,  and  general  instructiveness,  are  equal  to  this 
one.  Prof.  Wilber  has  given  evidence,  in  the  production  of  this  work,  of  a  scientific  and  chiro- 
graphical  talent  which  will  materially  add  to  his  previous  eminent  reputation. 

The  map  is  encyelopedian  in  its  design.  It  represents,  most  attractively  and  distinctively,  so 
far  as  any  mere  surface  representation  can  be  given,  the  general  geography,  history,  geology, 
climatology  and  botany  of  the  State,  together  with  statistical  facts,  not  curious  only,  but  emi- 
nently useful  and  instructive.  Its  delineations  are  attractive  and  intelligible,  the  surface  being 
ingeniously  tinted  with  colors,  bold  and  agi-eeable,  illustrative  of  the  subjects  presented  to  the 
eye.  I  cannot  see  how  a  greater  body  of  valuable  information  upon  the  subject  of  the  natural, 
physical  and  political  geography  of  the  State  could  be  massed  in  equal  compass,  or  how  the  sub- 
jects treated  of  could  be  more  attractively  or  more  advantageously  presented  to  the  eye. 

The  map  is  precisely  adapted  to  the  wants  of  our  common  schools,  not  only  in  the  respects 
mentioned,  but  also  in  point  of  size  and  price.  It  is  handsomely  mounted,  measures  40  by  50 
inches  and  is  afforded  at  a  rate  which  must  be  thought  reasonable  for  such  a  map  in  these  times 
of  high  prices,  being  only  five  dollars  per  copy.  I  sincerely  hope  the  map  will  find  its  way  into 
all  the  public  schools  and  families  of  the  State.  JOHN  P.  BROOKS, 

Sv^t.  Pub.  Instruction. 

Alton,  Illinois. 
Your  Map,  containing  so  much  useful  and  scientific  information  that  may  be  taken  in  by  a 
glance,  and  learned  with  scarcely  a  mental  effort,  is  a  characteristic  and  valuable  feature  of 
modern  instruction,  when  the  immense  amount  of  existing  information  requires  labor-saving 
machines  in  the  field  of  knowledge  not  less  than  in  farmers'  meadows  and  mechanics'  shops. 
The  citizens  of  Illinois  will  owe  a  debt  of  gratitude  for  your  labors  in  their  behalf,  and  the  i)rac- 
tical  bearing  of  the  researches  of  the  Illinois  Natural  History  Society  will  command  our  esteem 
and  admiration.  W.  C.  FLAGa, 

Sec'y  State  HorticH  Soc'y, 

Milwaukee,  Wis.,  May  8th,  1864; 
*  *  *  It  is  gratifying  to  see  that  something  more  can  be  represented  on  our  local  maps  than 
the  mere  political  boundaries,  the  positions  of  embryo  cities  and  railroad  lines.  The  publica- 
tion of  the  geological  features,  showing  especially  the  great  extent  of  the  coal  resources,  of  the 
mean  temperatures  and  quantity  of  rain-fall  of  Illinois,  must  confer  upon  that  State  a  gi-eat 
public  benefit.  Very  truly  yours, 

I.  A.  LAPHAM. 


B^==THE   BEST  IS   THE   CHEAPEST! 


^"^AfJ  BUrFALO.tl.  '■ 

Western  School  Furniture  Works, 

(Estal.lished  by  TV.  Chase  &  Son,  1854.) 

HENRY  M.  SHERWOOD,Chicago,  Sole  Agent  for  the  Northwest, 


SCHOOL  DESKS  AND  SEATS  manufactured  IN  EVERY  STYLE. 

These  Desks  are  graded  for  pupils  of  all  ages ;  are  made  of  the  best  materials,  and  are  furnished 
on  the  best  of  tennx.  They  are  made  by,  or  under  the  personal  supervision  of,  Messrs.  Chase  & 
Son,  who  are  jiractical  cahinet  makers. 

Every  piece  is  warranted.  This  furniture  has  received  the  highest  recommendations,  and  has 
already  been  introduced  into  many  of  the  best  schools  in  the  Noi'thwest,  among  which  are  the  High 
and  Ward  schools  of  Chicago,  Milwaukee  and  St.  Louis ;  also  in  the  schools  of  Rockford,  Janes- 
ville,  Freeport,  Bloomington,  Jacksonville,  Davenport,  Kalamazoo,  Joliet,  Vandalia,  Dubuque, 
St.  Paul,  etc.,  etc.  To  avoid  the  inconvenience  and  expense  of  transporting  from  the  East,  the 
manufacturers  have  established  a  depot  in  Chicago,  where  a  complete  assortment  of  the  best 
styles  can  be  had  at  Eastern  prices.     Samples  set  up,  as  in  actual  use,  at  our  salesrooms. 

Ink  Wells,  School  Apparatus,  Globes,  Maps,  etc..  furnished  on  favorable  terms. 

An  Illustrated  Catalogue  and  information  relating  to  School  Furniture,  Apparatus,  &c.,  sent  on 
application.     Address 

HENRY  M.  SHERWOOD, 
I  12  Dearborn  St.  Chicago,  III. 


MITCHELL'S  NEW  SERIES  OF  GEOaRAPHIES. 

Mitchell's  First  Lessons  in  Geography.  First  Lessons  in  Geography 
fur  Young  Children.  Designed  as  an  Introduction  to  the  Author's  New 
Primary  Geography.     Illustrated  with  Maps  and  Engravings. 

Mitchell's  New  Primary  Geography.  An  Easy  Introduction  to  the 
Study  of  Geography.  Introductory  to  the  New  Intermediate  Geography. 
Illustrated  with  nineteen  colored  Maps  and  nearly  one  hundred  Engravings. 

Mitchell's  New  Intermediate  Geography.  A  System  of  Modern  Geo- 
graphy, designed  for  the  use  of  Schools  and  Academies.  Illustrated  with 
twenty-three  Cofper-Plate  Maps,  drawn  and  engraved  expressly  for  this 
work,  from  the  latest  authorities ;  and  embellished  with  numerous  En- 
gravings. 

Mitchell's  New  Ancient  Geography.  An  Ancient  Geography,  Classical 
and  Sacred.  An  entirely  new  edition,  drawn  from  the  best  authorities, 
ancient  and  modern.  Designed  for  the  use  of  Schools  and  Colleges.  Illus- 
trated with  numerous  Engravings.     12mo.     Muslin. 

Mitchell's  Ancient  Atlas.    1  vol.  4to. 

|Xj=  All  of  tlio  above  works  are  entirely  new— text,  engravings,  and  maps ;  the  newest,  latest, 
most  accurate,  most  reliable,  and  most  beautiful  series  of  Geographies  published  in  the  Union. 

MITCHELL'S  OLD  SERIES. 

Mitchell's  (Old)  Primary  Geography.  (Revised  Edition.)  An  Easy  In- 
troduction to  the  Study  of  Geography.  Designed  for  the  instruction  of 
children  in  Schools  and  Families. 

Mitchell's  School  Geography  and  Atlas.  (New  Revised  Edition.)  A 
System  of  Modern  Geography,  comprising  a  description  of  the  present  state 
of  the  World.  Accompanied  by  an  Atlas  containing  thirty-two  Copper- 
Plate  Maps,  drawn  and  engraved  expressly  for  this  work. 

Mitchell's  (Old)  Ancient  Geography  and  Atlas.  Designed  for  Acade- 
mies, Schools,  and  Families. 

GOODRICH'S  SERIES  OF  SCHOOL  HISTORIES. 

Goodrich's  American  Child's  Pictorial  History  of  the  United  States. 

An  Introduction  to  the  Author's  Pictorial  History  of  the  United  States. 

Goodrich's  Pictorial  History  of  the  United  States,  A  Pictorial  History 
of  the  United  States,  with  Notices  of  other  Portions  of  America.  A  new 
edition,  re-written,  enlarged,  and  newly  illustrated. 

Goodrich's  Pictorial  History  of  England.  A  Pictorial  History  of  Eng- 
land, Scotland,  and  Ireland. 

Goodrich's  Pictorial  History  of  Rome.  A  Pictorial  History  of  Ancient 
Rome,  with  a  Sketch  of  the  History  of  JModern  Italy. 

Goodrich's  Pictorial  History  of  Greece.  A  Pictorial  History  of  Greece, 
Ancient  and  ]Modern. 

Goodrich's  Pictorial  History  of  France.    A  Pictorial  History  of  France. 

Goodrich's  Parley's  Common  School  History  of  the  World.    A  Brief 

Compcnd  of  Universal  History. 

Goodrich's  Pictorial  Natural  History;  embracing  a  View  of  the  Mine- 
ral, Vegetable,  and  Animal  Kingdoms.     For  the  use  of  Schools. 

Foi-  sale  by  W.  B.  KEEN  &  CO.,  Chicago,  and  other  principal  Booksellers. 

PUBLISHED  BY  E.  H.  BUTLER  &  CO.,  PHILADELPHIA. 


OFFICIALLY    RECOMMENDED 

SCHOOL  BOOKS  FOR  ILLINOIS. 

From  Hon.  J.  P.  Brooks,  State  SupH  of  Public  Instruction. 

The  great  popularity  to  which  the  books  embraced  in  the  Eclectic  Se- 
EIES  have  attained,  is  a  most  convincing  proof  of  their  general  superiority. 
It  can  hardly  be  denied  that  they  possess  distinguishing  points  of  excellence, 
and  the  high  estimate  which  is  placed  upon  them  by  both  teachers  and  learn- 
ers, is  their  best  recommendation.  It  is  now  admitted,  by  many  of  the  best 
Educators  of  the  country,  that  the  Eclectic  Series,  including  McGuftey's 
New  Series  of  Headers,  Speakers,  and  Speller,  Ray's  Arithmetics  and  Al- 
gebras, and  Pinneo's  Grammars,  constitute  the  best  Educational  Series  in 

READERS  AND  SPELLERS. 
McGuffey's  Readers  and  Speller  possess  the  rare  merit,  so  seldom 
found,  of  a  most  judicious  and  perfect  adaptation  to  the  various  classes  of 
learners  for  whicli  they  were  designed.     They  deserve  all  the  commendations 
which  es-perienced  teachers  have  bestowed  upon  them. 

ARITHMETICS  AND  ALGEBRAS. 
Ray's  Primary  Arithmetic.  —  A  series  of  lessons  for  little  learners, 
simple  and  progressive,  leading  them  on  to  a  thorough  mastery  of  the  ru- 
diments of  numbers. 

Ray's  Intellectual  Arithmetic. — Having  finished  the  Primary  Book, 
the  pupil  is  prepared  to  enter  upon  the  study  of  this  work,  which  is  designed 
to  discipline  the  intellect  and  educate  the  reasoning  faculties  of  the  child. 
I  know  of  no  Mental  Arithmetic  better  adaj^ted  to  the  purpose. 

Ray's  Practical  Arithmetic. — This  work  is  intended  to  acquaint  the 
learner  with  the  principles  of  Arithmetic,  by  inductive  and  analytical  pro- 
cesses of  calculation.  If  the  pupil  is  attentive  and  studious,  while  passing 
through  this  book,  he  will  thoroughly  understand  the  "reason  why"  of  the 
various  operations  performed,  and  will  have  learned  to  deduce  rules  from 
examples^  rather  than,  as  in  the  older  but  not  the  better  method,  to  assume 
the  correctness  of  results  from  their  formal  agreement  with  rules. 

Ray's  Higher  Arithmetic.  —  This  is  the  highest  book  of  the  Arith- 
metical Series.  It  is  a  thorough  scientific  treatise,  and  is  just  such  a  book 
as  is  needed  to  perfect  the  series. 

Ray's  Algebras  have  been  extensively  used  hj  some  of  the  best  teach- 
ers, and  their  excellence  tested  by  many  years  experience  in  the  school-room. 
They  are  approved  and  used  as  text-books  in  many  of  the  higher  institutions 
of  learning  in  all  parts  of  the  country. 

ENGLISH  GRAMMAR. 
Pmneo's  Grammars  are  highly  recommended  by  those  best  acquainted 
with  them.     A  gentleman  of  high  authority  says  truly,  that  "in  the  hands 
of  good  teachers,  they  can  not  fail  to  make  good  grammarians." 

The  entire  Eclectic  Series  can  be  safely  recommended.  It  is  well 
graded,  and  therefore  adapted  to  the  purposes  of  a  progressive  education. 
It  is  a  well-constructed  ladder,  upon  which  the  pupil  may  climb,  with  dili- 
gent effort  and  study,  to  any  desired  hight  of  attainment  within  the  sphere 
contemplated. 

[Signed,]  John  P.  Brooks, 

State  Superintendent  of  Fub.  Instruction,  Illinois. 


SCHOOL  APPARATUSAND  SCHOOL  FURNITURE. 


HOLBROOK  APPARATUS. 

Adapted  to  tlie  wants  of  all  Primary,  Intermediate,  and  Higher  Schools, 
including  Solids  of  yarious  shapes,  to  give  correct  ideas  of  Form  and  Measure» 
ment ;  Object  Teaching  Forms,  Numerical  Frames,  Cube  Eoot  Blocks.. 


GLOBES, 


of  all  sizes,  including  Hemisphere  Globes,  Celestial  Globes,  &c. 

Tellurians  and  Orreries, 

to  illustrate  the  various  motions  of  the  Planetary  System,  and  the  phenomena 
resulting  from  the  relation  of  the  Sun,  Moon,  and  Earth  to  each  other  ;  show- 
ing causes  of  Day  and  Night,  change  of  Seasons,  different  lengths  of  Day  and 
Night,  the  changes  of  the  Moon,  Solar  and  Lunar  Eclipses,  &c.,  &c. 


Philosophical  and  Chemical  Apparatus, 

Magic  Lanterns  and  Slides,  Microscopes,  Thermometers,  &c. 

the  best  Ink  Well  ever  invented. 
Hollbi'ooli'.s    X^iqiiicl    Slate,  for    I31aeklt>oarcls. 


SCHOOL  FURNITURE. 

(See  Cuts  of  some  of  our  Styles  in  main  body  of  this  Work.) 

We  have  Steam  Works  and  Improved  Machinery,  which  will  enable  us  to 
supply  our  Customers  with  all  the  most  approved  styles  of  SEATS  and  DESKS, 
without  the  annoyance,  delay,  expense,  and  damage  of  transporting  sucli  heavy 
freight  from  the  East.  All  parties  seeking  for  Q-lobes,  Maps,  Charts,  Philo- 
sophical and  Chemical  Apparatus,  or  anything  for  illustration  in  all  grades  of 
Schools,  will  do  well  to  give  us  a  call. 

Ceo.  &  C.  W.  Sherwood, 

118  Ijake  Street,  Chicago. 


LIVE    SCHOOL-BOOKS. 


■""^'"^■'^'ty¥ifr""'"  ■- 


The  attention  of  Teachers,  School  Officers,  and  other  Friends  of  Education,  is  invited  to 
the  following  STANDARD  SCHOOL  TKXT-BOOKS  ;  all  of  which  are  new  and  original  treatises 
in  their  stVHial  departments,  and  especially  adapted  to  the  improved  methods  of  teaching  which 
now  prevail. 

WA11REN\S    GEOCxilAPHICAL    SERIES. 
Warren's  Primary  Geography,  Retail  Price,    $0.58 

Warren's  Common  School  Geography,     "        "  1.25 

Warren's  Physical  Geogra,phy,  "        "  1.50 

These  three  books  form  a  complete  Geogi-aphical  course,  adapted  to  all  gi-ades  of  schools. 
They  have  recently  been  thoroughly  revised,  and  now  contain  all  new  political  and  terri- 
torial elumges,  with  statistics  from  the  census  of  lS6i-'.  The  Maps  and  Engravings  are  of  the 
very  higiiest  order  of  excellence  ;  and  in  all  the  books  the  Maps  are  in  the  earae  volume  withthe 
descriptive  text.  The  series  is  used  in  most  of  the  principal  cities  and  towns  of  the  United 
States,  and  has  given  great  satisfaction  wherever  it  has  been  adopted. 

GREENE'S  SERIES  OF  ENGLISH  GRAMMIES. 

Greene's  Introduction  to  the  Study  of  English  Grammar,  Retail  price  $0.38 
Greene's  ."Onglish  Grammar  (recently  issued)  "         "       0.63 

Greene-s  Analysis  of  the  English  Language,  "         "       0.63 

This  Series  of  Grammars  has  been  prepared  by  Prof.  S.  S.  Gkeene,  of  Brown  University, 
and  is  the  result  of  a  long  and  careful  study  of  the  language  itself,  as  well  as  of  the  best  methods 
of  teaching  it.  The  system  by  which  the  principles  of  the  language  are  here  exhibited  is  simple 
and  easy  of  attainuient,  and  differs  in  many  essential  particulars  from  that  of  any  other  author. 

Prof.  Greene's  connection  with  Public  Schools,  Normal  Schools,  and  Teachers'  Institutes, 
has  given  him  peculiar  facilities  for  adapting  a  series  of  Text-Books  to  thewantsof  the  dilferent 
grades  of  Schools  ;  and  his  success  is  best  manifested  by  the  great  popularity  which  these  Gram- 
mars have  attained. 

COLBFRA'S  SERIES  OF  ARlTDMETiCS. 

Tiie  Ciiild's  ArithBietic, Eetail  price,  $0.16 

Colbain's  !Bte!!e<tuaI  Anthinetic, "        "  0.25 

Colbnrn's  Coisimon  School  Arithmetle,     -        -        -        -            "         "  0.68 

€«l!>s!n»/s  Arithmetic  and  its  AppJIcation,            -        -        -        "         "  0.94 

Colbuvn's  iritiimi'tic,  Part  First  (the  first  two  books  bound  in  one)"         ' '  0.15 

^^"A  Key  to  each  of  the  two  higher  books  of  the  Series  will  be  furnished  gratuitously  to 
Teacliers  only. 

These  popular  Arithmetics  were  prepared  by  Dana  P.  Colbukn,  Master  of  the  PJiode  Island 
State  Normal  School. 

They  are  eminently  practical,  and  have  received  the  warm  approval  of  all  those  teachers 
who  have  made  themselves  acquainted  with  their  merits. 

BSSARD'S   SCHOOL  HISTORY  OP  THE  UI'TITED   STATES. 

Retail  Price,  68  Cents. 

A  12mo  volume  of  224  pages,  beautifully  illustrated.  The  plan  and  arrangement  of  this 
little  work  are  quite  dillVreut  from  those  of  the  School  Histories  in  Common  use,  and  the  attractive 
and  pleasant  style  in  which  it  is  written,  cannot  faif  greatly  to  interest  and  instruct  the  leai'ner. 

LEACH'S   COMPLETE   SPELLING  BOOK. 
Retail  Price,  25  Cents. 

An  entirely  new  and  original  method  of  classification  is  adopted  in  this  Speller,  by  which  it 
is  believed  that  all  the  difficulties  in  orthography  may  be  easily  overcome  liy  the  pupil. 

Teachers  and  School  Ofticers  wlio  intend  to  make  changes  in  any  of  the  above  departments, 
and  wish  to  get  the  BEST  TEXT-EOOIvS,  are  requested  to  carefully  examine  these,  and  compare 
with  contemporary  publications. 

Very  favorable  terms  for  introduction  will  be  given,  and  copies  of  any  of  the  books  forwarded 
for  examination,  postage  jiaid,  upon  receipt  of  one-half  the  retail  price. 

Address,  J.  B.  COWPERTHWAIT, 

25  South  Sixth  Stkeet,  Philadelpliia,  Pa. 
Or,  P.    P.    HEYHOOD,   General  Agent,  Chicago. 


IVISON,   PHINNEY,   BLAKEMAN    &   CO., 

48  &  50  Walker  Street,  New  York. 

PCBLISHKKS  OF 

The  Amerioaii  Kcliioatioiifil  !^ei-ies  of 


'7 

iNCLnDINO 

SANDERS'  SERIES  of  READERS,  SPELLERS,  &c.,  in  twelve  sepa- 

rate  volumes  ;   strictly  progressive  from  book  to  hook. 

The  early  volumes  of  this  series  have  been  recently  revised,  newly  illustrated,  and  electro- 
typed.     They  are  in  general  use  throughout  the  Union. 

SANDERS'  UNION  READERS,  m  five  volumes,  recently  published,  with 

entire  new  matter,  large  clear  type,  elegant  illustrations  and  attractive  binding. 

ROBINSON'S  COMPLETE  MATHEMATICAL  COURSE,  including 

full  series  of  Arithmetics,  Algebras,  Geometries,  Surveying,  Astronomies,  and  Keys  to  the 
same,  for  the  use  of  the  Teacher. 

The  superiority  of  this  series  has  been  generally  conceded,  by  those  who  have  examined  and 
used  it,  in  style,  typography  and  binding;  in  gradation  and  arrangement ;  in  conciseness  of 
rules,  and  accuracy  of  definitions;  in  rigid  and  logical,  yet  full  and  comprehensive  analysis; 
in  number  and  variety  of  practical  examples;  and  in  new  and  Improved  methods  of  operation. 

It  is  the  most  full  and  complete  series  of  Mathematical  Text  Books,  for  the  Common  School, 
Academy,  and  College,  by  one  author,  published  in  this  country. 

WELLS'  SCIENTIFIC  SERIES,  comprising  Philosophy,  Chemistry,  Ge- 
ology,  and  Science  of  Common  Things,  by  David  A.  Wells,  A.M.,  Editor  of  "Annual  of 
Scientific  Discoveries,"  "  Knowledge  is  Power,"  etc.  Embodying  the  latest  researches  in 
Physical  Science,  and  excelling  in  their  lucid  style,  numerous  facts,  copious  illustrations, 
(over  700,)  and  practical  applications  of  science  to  the  arts  of  every-day  life,  and  endorsed 
by  hundreds  of  eminent  and  successful  practical  Educators  In  all  parts  of  the  country,  and 
by  the  Press. 

GRAY'S  BOTANICAL  SERIES,  embracing  six  separate  volumes,  elegantly 
illu^trated  ,  the  most  full,  scholarly,  and* attractive  works  on  Botany  to  be  found  in  the  lan- 
guage, strongly  endorsed  by  Profs.  Agassiz,  Silliraan,  Torrey,  and  other  emineot  naturalists,  ' 
both  American  and  European. 

COLTON  AND  FITCH'S  GEOGRAPHIES,  in  five  separate  volumes. 
This  series  has  been  recently  completed  by  the  issue  of  the  American  School  Geography  and 
Atlas. 

SPENCERIAN  SYSTEM  OF  PENMANSHIP,  embracing  nine  Copy 
Books,  in  3  distinct  series,  graded,  to  meet  the  wants  of  schools,  and  learners  of  every  classe. 

The  Common  School  School  Series  embraces  the  first  five  numbers  ;  the  Business  Series,  two 
books,  Nos.  six  and  seven  ;  the  Ladies"  Series,  two  books.  Nog.  eight  and  nine.  The  partloa- 
lar  points  of  excellence  claimed  are  :  1.  Simplicity.     2,  Practicability.     8,  Beauty. 

BRYANT  &  STRATTON'S  BOOK-KEEPING  SERIES,  in  three  sepa- 

rate  Editions.  These  books  are  b>-autifully  printed  in  colors,  on  the  beet  of  white  paper,  and 
elegantly  bound.  They  are  extensively  used  In  the  principal  Commercial  Colleges  throughout 
the  Union. 

Attention  is  also  invited  to  Hitchcock's  Soientitio  Text  Books,  Wilson's 
HiBTORiES,  Fasquellk's  Fresch  &  Woodburt's  Giirmah  Series,  Bradbury's  Mosio  Books,  ko. 
^T"  Books  furnished  for  examination  or  Introduction,  at  reduced  prices. 
t^~  For  full  notices,  descriptions,  testimonials,  prices,  etc.,  of  all  our  publlcatlonB,  send  for 
Catalogue.    Address  the  Publishers, 


^THE  BEST  IS  THE  CHEAPEST.^ 


Wall  maps  for  Schoolk. 

The  following  of  this  Unrivaled  Series  are  now  ready. 

Th*y  are  designed  for  the  illustration  of  Physical  and  Polhical  Geography,  and  are  a  ited 
to  every  grade  of  school : 

United  States,  6x7^  feet $j)0 

Hemispheres,  5x7  feet JQ 

North  America,  5^x6  feet jO 

South  America,  5x6  feet; , W) 

Central  Europe,  6^x7  feet in 

North  America,  4x4  feet i $0 

South  America,  3x4  feet 

Europe,  4x4  feet 

Africa,  4x4feet 

The  remaining  Maps  of  the  two  series,  embracing  EUROPE,  (large,)  ASIA,  AFRICA, 
OCEANICA,  THE  WORLD,  (Mercutor's  Projection,)  ROMAN  EMPIRE  and  AN 
GREECE,  will  soon  appear. 

These  Maps  are  beautifully  colored,  and  finished  In  the  best  style.    Any  Map,  or  any 
of  Maps,  can  be  selected,  if  a  full  series  is  not  required. 

Professor  Riobird  Edttards,  President  of  the  State  Normal  University,  says : 

"Professor  GUYOT'S  MAPS  are  worlting  most  successfully.  They  are  splendid  mon 
of  the  author's  industry,  and  of  his  profound  and  exact  knowledge  in  his  favorite  scienct 
use  tliem  as  we  would  a  text  book,  requiring  recitations  to  be  made  from  them." 

CHARLES  SCRIBNER,  Publisher, 

134  Grrand  Street,  Ne-wr  Ti 

HIRAM  HADLET,  Western  Ag't, 

Rioh.moTid,  Indiana. 

For  tale  by  8.  0.  Griggs  &  Co.,  89  and  41,  Lake  Street,  OhIoafO. 


FOR    DAY   SCHOOLS 

'  ^'^  N"  ID 

Juvenile  Singing  Classes 

There  are  two  thiuj;s  thut  peeni  to  assure  us  that  this  is  a  useful  and  popula 
book.  The  first  is,  its  large  sale  ;  the  other  is,  the  strong  voluntary  expressior 
of  approval  (we  have  never  solicited  one)  from  some  of  the  most  succeasfi 
Teachers  of  Music,  and  Educational  and  other  Journals,  lioth  East  and  West. 

This  little  hook  contains 

TWO  HUNDBEO  AND  TWENTY  PIECES, 

Lessons,  Songs  in  uiie,  two.  throe  and  four  parts,  and  a  h.-w  Tuues.  Hymns  an 

Chants,  composed  and  arranged  with  reference  to  the  pleasure  and  profit 

of  both  Pupil  and  Teaclier,  by  one  of  the  best  Teachers  and 

Singing-School  Writers  now  living. 


Has  two   New  and    Important  Features,    tlie  first  of  whicli   is 


Hong- 


l^essons 


By  means  of  which  all.  tilings  necessary  to  a  knowledge  of  Xotation  are  intrc 
dnced  for  practice,  one  after  another,  in  an  unusually  attractive 

manner.      The  other  is 

Songs  of  Exercise,  Trades  &.  Occupations 

In  which  Physical    Exercise  may  be  united  witii  .Singing. 

Till!  SIIiVJER  XiUT2Ej  Has  been  adopted  as  the  Musical  Text  and  Recreation  boo 
for  the  Pulilic  Schools  in  Chi';agi',  Detr>'it,  Cleveland,  Buffalo,  St.  Louis,  Peoria,  and  other  larj 
places  East  and  West. 

All  who  are  getting  up  Juvi-nile  Singing  Classes,  either  in  or  out  ot  the  Uay-Schools,  will  d 
well  to  take  a  look  at  the  SILVKK  LUTE. 

"  I  think  the  Silver  Lote  ver.v  well  adapted  to  the  wants  of  our  Schools,  in  the  departmei 
for  wliich  it  was  prepared,  and  this  and  all  similar  books  may  be  used  to  excellent  advantage  I 
Vocal  Education.  •  .  "JOHN  P.  BROOKS, 

Supt.   Fiiblic  Instruction. 


Sixxele    CJox^les   40cts.    ^4:   r>©ir   XSoas. 

ROOT   &  OA^D Y, 

OS   Olarlt    JStreet,       -       -       -      -       CHICAGO,    ILL 


THE   MOST  C03IP] 


L  009  541    500  6 


BEST  SYSTEM  OF  PENMHnonetr  c^cin  ruDLioncui 


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waukee,  and  mai 
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throughout  the  L 
more  for  the  adv| 
ever  published,  g 
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Those  interest; 
adapted  to  the  Pl 

Tliis 

1.  Twelve  Ci 

tion,  coinmenciiit 
fully  finished  har 
one  for  ladies,  w 
Mercantile  Formi 

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means  of  these  tl 

6.  A  System  i 
are  presented  iu  ' 
three  books  :  1.! 
Entry,  for  High 

^p"  A  particuliir 
mendatoiy  notices  fr 


THE 

RIVERSIDE 

PUBLIC 
LIBRARY 


RIVERSIDE,  CALIFORNIA 


C-ift  from  Mrs 
M  E  Hewitt  by 
Mrs  W  w  Roblee 


* 


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d  comprehending 
the  needs  of  the 
,  Columbus,  Mil- 
States  ;  and  more 
extensively  used 
in  which  has  done 
3n  than  any  other 
an  interest  in  the 

that  this  is  better 
'thcr  known. 

"ises, 

system  of  iustruc- 
th  a  most  beauti- 
ig  for  gentlemen, 
id  also  a  book  of 

)pe  in  writing. 
^  Payson,  Dunton 
s-drill,  writing  in 


)f  large  size,  dis- 
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)efore  the  class, 
lurnal  and  Ledger 
J.  W.  Payson,  in 
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specimens,  and  com* 


CROSBY  &  NICHOLS,  Publishers, 

117  Wash  ne;ton  Street.  Boston,  Mass, 

UWIVBieSlTY  df  CALIFOKNi/ 
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AMiKLES 


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